The Grievances The Grievances ProcessProcessRichard FajardoRichard FajardoORGD 632ORGD 63210 November 200910 November 2009

AgendaAgenda Why I chose this topicWhy I chose this topic Related LawsRelated Laws Enforcement AgencyEnforcement Agency PurposePurpose ProcedureProcedure Underlying IssuesUnderlying Issues Organizations/Employees InvolvedOrganizations/Employees Involved Reports and FormsReports and Forms Penalties for NoncompliancePenalties for Noncompliance Recent CaseRecent Case Current IssuesCurrent Issues GuidelinesGuidelines

““Do’s”Do’s” ““Don’t’s”Don’t’s”

Closing ThoughtsClosing Thoughts

Why I chose this topicWhy I chose this topic Summer HR internship for Wood County Summer HR internship for Wood County

agencyagency Union presenceUnion presence Current organizational changeCurrent organizational change Disciplinary actions due to conductDisciplinary actions due to conduct

SuspensionsSuspensions Recommendations for termination/resignationRecommendations for termination/resignation

Related LawsRelated Laws Can tie in with EEOCCan tie in with EEOC

Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964 MD 110 – Appendices C and DMD 110 – Appendices C and D

State legislation variesState legislation varies Examples:Examples:

California: Fair Employment and Housing Act (FEHA), 1959California: Fair Employment and Housing Act (FEHA), 1959 All employeesAll employees

West Virginia: State Code Section 29-6AWest Virginia: State Code Section 29-6A Public higher education employeesPublic higher education employees

Colorado: Board Rules 8-5, 8-6, and 8-7Colorado: Board Rules 8-5, 8-6, and 8-7 State employeesState employees

Enforcement AgencyEnforcement Agency EmployersEmployers

Private/Public (non-government)Private/Public (non-government) GovernmentGovernment

UnionsUnions Ex. Wood Haven Health Care: Service Ex. Wood Haven Health Care: Service

Employees International Union (SEIU)Employees International Union (SEIU) Arbitrator(s)Arbitrator(s) Again: federal and state legislation variesAgain: federal and state legislation varies

PurposePurpose Orderly systemOrderly system Evaluate complaintsEvaluate complaints Interpretation of existing laws, rulesInterpretation of existing laws, rules Determine if fair, legalDetermine if fair, legal

ProcedureProcedure The grievance process varies across all The grievance process varies across all

companies and organizationscompanies and organizations Can be more formal or also have informal Can be more formal or also have informal

conceptsconcepts Can be as simple as 2 steps and as Can be as simple as 2 steps and as

complicated as 6 or more stepscomplicated as 6 or more steps

Underlying IssuesUnderlying Issues Whether intended or not, reflects Whether intended or not, reflects

organizational cultureorganizational culture Clarity can go a long way towards creating Clarity can go a long way towards creating

congruence between employee and employer congruence between employee and employer expectationsexpectations

““A grievance is often a symptom of an A grievance is often a symptom of an underlying problem.” (Dessler)underlying problem.” (Dessler)

““The best way to handle a grievance is to The best way to handle a grievance is to develop a work environment in which develop a work environment in which grievances don’t occur in the first place.” grievances don’t occur in the first place.” (Dessler)(Dessler)

Organizations/Employees Organizations/Employees InvolvedInvolved

Technically, any organization can have a Technically, any organization can have a grievance process.grievance process.

As such, any and all employees can be As such, any and all employees can be covered by this.covered by this.

Unionized workforces establish grievance Unionized workforces establish grievance processes with employers through their processes with employers through their collective bargaining agreementscollective bargaining agreements

Reports and FormsReports and Forms Varies with each placeVaries with each place Example Grievance forms (please click Example Grievance forms (please click

the hyperlinks attached)the hyperlinks attached) Department of Environmental Protection (FloDepartment of Environmental Protection (Flo

rida)rida) Dixie State College of UtahDixie State College of Utah

Penalties for Penalties for NoncomplianceNoncompliance

EmployeeEmployee Termination of filed complaintTermination of filed complaint

EmployerEmployer Case-by-case basisCase-by-case basis

ArbitrationArbitration LawsuitsLawsuits

Recent CaseRecent Case Teamsters Local Union No. 89 v. Kroger Co. (2008)Teamsters Local Union No. 89 v. Kroger Co. (2008)

Case No. 3:07CV-351-RCase No. 3:07CV-351-R United States District Court for the Western District of United States District Court for the Western District of

Kentucky, Louisville DivisionKentucky, Louisville Division Multiple disputes involved Local 89, Kroger, and TranserviceMultiple disputes involved Local 89, Kroger, and Transervice

Transfer of operations of Kentucky Distribution Center (KDC) to Transfer of operations of Kentucky Distribution Center (KDC) to Transervice Logistics, Inc. and Zenith LogisticsTranservice Logistics, Inc. and Zenith Logistics

Letter of Understanding sent by Kroger to Local 89Letter of Understanding sent by Kroger to Local 89 Did Kroger violate terms of its Kroger Master Agreement Did Kroger violate terms of its Kroger Master Agreement

collective bargaining agreement with Local 89? collective bargaining agreement with Local 89? Kroger filed for dismissal of initial complaint, so Local 89 filed Kroger filed for dismissal of initial complaint, so Local 89 filed

revised complaintrevised complaint Kroger’s second motion for dismissal was deniedKroger’s second motion for dismissal was denied

Current issuesCurrent issues Decrease in union membership and use Decrease in union membership and use

of unionsof unions Employment at-willEmployment at-will Threat of lawsuitsThreat of lawsuits Ever-changing lawsEver-changing laws

Guidelines: “Do’s”Guidelines: “Do’s”1.1. Investigate and handle each case as though it may Investigate and handle each case as though it may

eventually result in arbitration.eventually result in arbitration.2.2. Talk with the employee about his or her grievance; Talk with the employee about his or her grievance;

give the person a full hearing.give the person a full hearing.3.3. Require the union to identify specific contractual Require the union to identify specific contractual

provisions allegedly violated.provisions allegedly violated.4.4. Comply with the contractual time limits for handling Comply with the contractual time limits for handling

the grievance.the grievance.5.5. Visit the work area of the grievance.Visit the work area of the grievance.6.6. Determine whether there were any witnesses.Determine whether there were any witnesses.

Guidelines: “Do’s”Guidelines: “Do’s”

7.7. Examine the grievant’s personnel record.Examine the grievant’s personnel record.8.8. Fully examine prior grievance records.Fully examine prior grievance records.9.9. Treat the union representative as your equal.Treat the union representative as your equal.10.10. Hold your grievance discussions privately.Hold your grievance discussions privately.11.11. Fully inform your own supervisor of grievance Fully inform your own supervisor of grievance

matters.matters.

Guidelines: “Don’t’s”Guidelines: “Don’t’s”1.1. Do not discuss the case with the union steward aloneDo not discuss the case with the union steward alone

—the grievant should be there.—the grievant should be there.2.2. Do not make arrangements with individual Do not make arrangements with individual

employees that are inconsistent with the labor employees that are inconsistent with the labor agreement.agreement.

3.3. Do not hold back the remedy if the company is Do not hold back the remedy if the company is wrong.wrong.

4.4. Do not admit to the binding effect of a past practice.Do not admit to the binding effect of a past practice.5.5. Do not relinquish to the union your rights as a Do not relinquish to the union your rights as a

manager.manager.6.6. Do not settle grievances based on what is “fair.” Do not settle grievances based on what is “fair.”

Instead, stick to the labor agreement. Instead, stick to the labor agreement.

Guidelines: “Don’t’s”Guidelines: “Don’t’s”7.7. Do not bargain over items not covered by the Do not bargain over items not covered by the

contract.contract.8.8. Do not treat as subject to arbitration claims Do not treat as subject to arbitration claims

demanding the discipline or discharge of managers.demanding the discipline or discharge of managers.9.9. Do not give long written grievance answers.Do not give long written grievance answers.10.10. Do not trade a grievance settlement for a grievance Do not trade a grievance settlement for a grievance

withdrawal.withdrawal.11.11. Do not deny grievances because “your hands have Do not deny grievances because “your hands have

been tied by management.”been tied by management.”12.12. Do not agree to informal amendments in the contract.Do not agree to informal amendments in the contract.

Closing ThoughtsClosing Thoughts The grievance process is a current and relevant HR issue.The grievance process is a current and relevant HR issue. The ability to file a complaint is linked to existing laws as well as The ability to file a complaint is linked to existing laws as well as

employer rules and/or union collective bargaining agreements.employer rules and/or union collective bargaining agreements. Multiple parties can be involved, especially when arbitration is Multiple parties can be involved, especially when arbitration is

needed to resolve the situation.needed to resolve the situation. While the purpose of fairness is clear, both the procedure to file a While the purpose of fairness is clear, both the procedure to file a

grievance and the causes of filing can be unclear.grievance and the causes of filing can be unclear. The grievance process needs to be adhered to; if changes are The grievance process needs to be adhered to; if changes are

desired in a union environment, these changes need to be made desired in a union environment, these changes need to be made during the collective bargaining agreement negotiations.during the collective bargaining agreement negotiations.

Clarity, adherence, and open communication can help maintain a Clarity, adherence, and open communication can help maintain a steady working environment.steady working environment.

ReferencesReferences Dessler, Gary. Dessler, Gary. Human Resource Management.Human Resource Management. (11th ed.) New Delhi, India: PHI (11th ed.) New Delhi, India: PHI

Learning Private Limited, 2009. (Original print by Prentice-Hall, Inc., 2008.) Learning Private Limited, 2009. (Original print by Prentice-Hall, Inc., 2008.) Gundry, Lisa and Steven Briggs. “The Cultural Context of a Grievance Process: Gundry, Lisa and Steven Briggs. “The Cultural Context of a Grievance Process:

Employee Values and Expectations in Dispute Resolution.” Employee Values and Expectations in Dispute Resolution.” Journal of Business & Journal of Business & Psychology.Psychology. Vol. 8, Issue 1. Fall 1993. 129-140. Vol. 8, Issue 1. Fall 1993. 129-140.

http://www.businessmanagementdaily.com/articles/7659/1/Employees-dont-have-thttp://www.businessmanagementdaily.com/articles/7659/1/Employees-dont-have-to-use-ineffective-grievance-process/Page1.html#o-use-ineffective-grievance-process/Page1.html#

http://www.colorado.gov/dpa/spb/geninfo.htmhttp://www.colorado.gov/dpa/spb/geninfo.htm http://www.dep.state.fl.us/admin/forms/Personnel_Forms/DEP_54-101.dochttp://www.dep.state.fl.us/admin/forms/Personnel_Forms/DEP_54-101.doc http://www.dfeh.ca.gov/DFEH/CivilRightsYear/50thbrochurecolorFINAL.pdfhttp://www.dfeh.ca.gov/DFEH/CivilRightsYear/50thbrochurecolorFINAL.pdf http://http://www.dixie.edu/humanres/griev.pdfwww.dixie.edu/humanres/griev.pdf http://http://www.eeoc.govwww.eeoc.gov http://www.marshall.edu/human-resources/emprel/stat-griev-1.asphttp://www.marshall.edu/human-resources/emprel/stat-griev-1.asp http://http://www.opm.gov/flsa/how.aspwww.opm.gov/flsa/how.asp Teamsters Local Union No. 89 v. Kroger Co.Counsel: Source:2008, CASE NO: Teamsters Local Union No. 89 v. Kroger Co.Counsel: Source:2008, CASE NO:

3:07CV-351-R, LEXIS 29934, UNITED STATES DISTRICT COURT FOR THE 3:07CV-351-R, LEXIS 29934, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY, LOUISVILLE DIVISIONWESTERN DISTRICT OF KENTUCKY, LOUISVILLE DIVISION

Thank you!Thank you!Best of luck with the rest of the semester!