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Graduate Teaching Notes onGraduate Teaching Notes on
Managing Employee Grievance, DisputeManaging Employee Grievance, Dispute
and Relationshipand Relationship
ByBy
Chanakya P Rijal, PhD in LeadershipChanakya P Rijal, PhD in Leadership
Visiting Faculty, Nepal College of ManagementVisiting Faculty, Nepal College of Management
An affiliate ofAn affiliate of
Kathmandu University, School of ManagementKathmandu University, School of Management
Kathmandu, NepalKathmandu, Nepal
Spring 2015Spring 2015
Employee Grievance, Disputes andEmployee Grievance, Disputes and
RelationshipRelationship
Grievance & DisputesGrievance & Disputes
SettlementSettlement
1.1.Concept of GrievanceConcept of Grievance
2.2.Forms of GrievanceForms of Grievance
3.3.Causes of Employee GrievanceCauses of Employee Grievance
4.4.Handling Employee GrievanceHandling Employee Grievance
5.5.Concept of Labor DisputesConcept of Labor Disputes
6.6.Major Causes of Labor DisputesMajor Causes of Labor Disputes
7.7.Settlement of Labor DisputesSettlement of Labor Disputes
Employee RelationsEmployee Relations
1.1.Labor MovementsLabor Movements
and Trade Unionsand Trade Unions
2.2.Collective BargainingCollective Bargaining
3.3.DismissalsDismissals
4.4.Employee Safety andEmployee Safety and
HealthHealth
Part 1: Grievance & Disputes SettlementPart 1: Grievance & Disputes Settlement
1.1.Concept of GrievanceConcept of Grievance
DissatisfactionDissatisfaction: Anything that disturbs an: Anything that disturbs an
employee, whether or not the unrest isemployee, whether or not the unrest is
expressed in words.expressed in words.
ComplaintComplaint: A spoken or written: A spoken or written
dissatisfaction brought to the attention ofdissatisfaction brought to the attention of
the supervisor. E.g., an assistant in the F&Bthe supervisor. E.g., an assistant in the F&B
department of a hotel complaining with thedepartment of a hotel complaining with the
Chef about the new company rule.Chef about the new company rule.
GrievanceGrievance: A complaint that has been: A complaint that has been
formally presented by an employee to aformally presented by an employee to a
Management Representative or to theManagement Representative or to the
Union Official in a hotel.Union Official in a hotel.
 So, a grievance may be considered as aSo, a grievance may be considered as a
formal disputeformal dispute between an employee andbetween an employee and
management on and of the conditions ofmanagement on and of the conditions of
employment.employment.
 Another equally important aspect here isAnother equally important aspect here is
that the grievances are complaints thatthat the grievances are complaints that
areare formally registeredformally registered in accordancein accordance
with the grievance procedure.with the grievance procedure.
 A grievance is any dissatisfaction orA grievance is any dissatisfaction or
feeling of injustice in connection withfeeling of injustice in connection with
one’s employment situation that isone’s employment situation that is
brought to the attention of thebrought to the attention of the
management.management.
Features of GrievancesFeatures of Grievances
1.1. Felt discontentFelt discontent or dissatisfaction broughtor dissatisfaction brought
forward in action.forward in action.
2.2. Dissatisfaction must ariseDissatisfaction must arise from withinfrom within
employmentemployment and on personal reasons.and on personal reasons.
3.3. The discontentment can arise as a resultThe discontentment can arise as a result
ofof real or imaginary reasonsreal or imaginary reasons..
4.4. Discontent may beDiscontent may be voiced or unvoicedvoiced or unvoiced
but it must express in the some form.but it must express in the some form.
5.5. Broadly speaking a grievance isBroadly speaking a grievance is
noticeable and traceable to real ornoticeable and traceable to real or
perceived non-fulfillmentperceived non-fulfillment of one’sof one’s
expectations.expectations.
Forms of GrievancesForms of Grievances
a.a.FactualFactual: Based on exactly what has: Based on exactly what has
happened and how it has affected to thehappened and how it has affected to the
employee in grievance. For example,employee in grievance. For example,
change in leave taking procedure mightchange in leave taking procedure might
have adversely affected to an employee.have adversely affected to an employee.
b.b.ImaginaryImaginary: Sometimes, the employees: Sometimes, the employees
may just imagine likely adverse situationsmay just imagine likely adverse situations
and just oppose before they happen in realand just oppose before they happen in real
life. The new Chef seems to be …life. The new Chef seems to be …
c.c.DisguisedDisguised: A blaming approach; nothing: A blaming approach; nothing
has happened but the employee complains.has happened but the employee complains.
Reasons or Causes of Employee GrievanceReasons or Causes of Employee Grievance
1.1. EconomicEconomic: Under pay, late pay, disparity in: Under pay, late pay, disparity in
pay rates, family crisis.pay rates, family crisis.
2.2. Work environmentWork environment: Less conducive work: Less conducive work
environment (light, space, heat, equipment),environment (light, space, heat, equipment),
incompatibility with technological, proceduralincompatibility with technological, procedural
changes, discriminatory award system.changes, discriminatory award system.
3.3. SupervisionSupervision: Personality clash, attitude: Personality clash, attitude
problem, harassment.problem, harassment.
4.4. Work groupWork group: Person-group fitness,: Person-group fitness,
interpersonal clashes, member incompatibility.interpersonal clashes, member incompatibility.
5.5. OthersOthers: New rules, policies, organizational: New rules, policies, organizational
changes, non-listening to oral appeals, and sochanges, non-listening to oral appeals, and so
on…on…
Effects of Employee GrievanceEffects of Employee Grievance
On ProductionOn Production: Low quality of production, low: Low quality of production, low
productivity, increased wastage , increased costproductivity, increased wastage , increased cost
of production.of production.
On EmployeesOn Employees: Increased absenteeism, reduced: Increased absenteeism, reduced
level of commitment, increased level of accidents,level of commitment, increased level of accidents,
reduced level of employee morale.reduced level of employee morale.
On ManagersOn Managers: Strained superior-subordinate: Strained superior-subordinate
relations, need for increased supervision/controlrelations, need for increased supervision/control
and follow up, increase in unrest, therebyand follow up, increase in unrest, thereby
machinery to maintain industrial peace.machinery to maintain industrial peace.
On OrganizationOn Organization: Adverse effect on: Adverse effect on
organizational image, good will, institutionalorganizational image, good will, institutional
personality, and culture at large.personality, and culture at large.
Benefits of Grievance HandlingBenefits of Grievance Handling
1.1. It encourages employees toIt encourages employees to raiseraise
concernsconcerns without fear of reprisal.without fear of reprisal.
2.2. It provides aIt provides a fair and speedy meansfair and speedy means ofof
dealing of grievances.dealing of grievances.
3.3. ItIt prevents minor disagreementsprevents minor disagreements
developing into more serious disputes.developing into more serious disputes.
4.4. It savesIt saves employer’s time and moneyemployer’s time and money asas
solutions are found for workplacesolutions are found for workplace
problems.problems.
5.5. It helps build inIt helps build in organizational climateorganizational climate
based on openness and trustbased on openness and trust..
6.6. Helps in shaping into aHelps in shaping into a learninglearning
organizationorganization as it promotes openness.as it promotes openness.
Grievance HandlingGrievance Handling
The systems mechanism or proceduralThe systems mechanism or procedural
approaches applied to address or resolve theapproaches applied to address or resolve the
grievances.grievances.
A systematic process for hearing and evaluatingA systematic process for hearing and evaluating
the complaints of employees.the complaints of employees.
Protects the right of employees and eliminatesProtects the right of employees and eliminates
the need for strikes every time a disagreementthe need for strikes every time a disagreement
occurs about the labor contract.occurs about the labor contract.
Objectives of Handling GrievancesObjectives of Handling Grievances
Main objectives of grievance handling are:Main objectives of grievance handling are:
1.1.Enable employee to air the grievance.Enable employee to air the grievance.
2.2.Clarify the nature of grievance.Clarify the nature of grievance.
3.3.Investigate the reasons of dissatisfaction.Investigate the reasons of dissatisfaction.
4.4.Attain where possible a speedy resolutionAttain where possible a speedy resolution
to the problem.to the problem.
5.5.Take appropriate actions and ensure thatTake appropriate actions and ensure that
the promises are kept.the promises are kept.
6.6.Inform the employee his/her right toInform the employee his/her right to
voice the grievance and take it to nextvoice the grievance and take it to next
stage of the procedure.stage of the procedure.
Tracking or Identification of GrievancesTracking or Identification of Grievances
1.1. ObservationObservation
2.2. Grievance procedureGrievance procedure
3.3. Gripe boxes; drop-in the grievanceGripe boxes; drop-in the grievance
4.4. Open door policy; walk-in and reportOpen door policy; walk-in and report
5.5. Exit interview; ask the job-leavingExit interview; ask the job-leaving
employee about his/her felt uncomfortedemployee about his/her felt uncomforted
situations, areas or actions in thesituations, areas or actions in the
organization.organization.
6.6. Opinion survey; solicit a grievanceOpinion survey; solicit a grievance
tracking questionnaires.tracking questionnaires.
Essential Prerequisites for Grievance AddressingEssential Prerequisites for Grievance Addressing
Conformity with statutory provisions.Conformity with statutory provisions.
Unambiguous policies and procedures.Unambiguous policies and procedures.
Simplicity of procedure and actions orSimplicity of procedure and actions or
responses.responses.
Promptness in responding.Promptness in responding.
Training in raising and handlingTraining in raising and handling
grievances.grievances.
Follow up after each step, even afterFollow up after each step, even after
handling.handling.
1414
Grievance procedure: Core of a continuousGrievance procedure: Core of a continuous
processprocess
 A specified series of four or five proceduralA specified series of four or five procedural
steps that aggrieved employees, unions, andsteps that aggrieved employees, unions, and
management representatives must followmanagement representatives must follow
when a complaint arises.when a complaint arises.
 Mechanism for administering the collectiveMechanism for administering the collective
bargaining agreement.bargaining agreement.
 Most grievance procedures entail four or fiveMost grievance procedures entail four or five
steps.steps.
 Employer’s refusal to process a grievance mayEmployer’s refusal to process a grievance may
be a violation of the labor laws of the land.be a violation of the labor laws of the land.
Procedural Steps in Handling GrievancesProcedural Steps in Handling Grievances
1.1. Identify grievance at the earliest.Identify grievance at the earliest.
2.2. Define the grievance correctly.Define the grievance correctly.
3.3. Collect data related to grievance.Collect data related to grievance.
4.4. Apply a prompt redressal mechanism.Apply a prompt redressal mechanism.
5.5. Agree, implement and follow up.Agree, implement and follow up.
1616
Parties Involved in Different StepsParties Involved in Different Steps
Step 1
Employee, Steward,
Supervisor
Informal Resolution
Formal Resolution
Formal
Resolution
What happened?
When did it happen?
Who was involved?
Where did it happen?
Why is complaint a grievance?
Step 2
Written Grievance
Step 5
Final and Binding
Arbitration Before
Neutral Arbitrator
Step 4
Union Grievance
Committee, Director
of Personnel
Step 3
Steward,
Department Head
1717
Functions of Grievance ProceduresFunctions of Grievance Procedures
Conflict management resolutionConflict management resolution
Without grievance procedures, parties would rely onWithout grievance procedures, parties would rely on
harmful tests of economic strength to resolve disputesharmful tests of economic strength to resolve disputes
involving contract interpretation.involving contract interpretation.
Agreement clarificationAgreement clarification
– All contracts contain some unintentional ambiguity.All contracts contain some unintentional ambiguity.
– Grievance procedure used to interpret contract inGrievance procedure used to interpret contract in
specific instances.specific instances.
CommunicationCommunication
– Offers channel to express problems and perceptions.Offers channel to express problems and perceptions.
– Discuss perceived inequities in the workplace.Discuss perceived inequities in the workplace.
Due processDue process
Most grievances provide arbitration by neutral, third-partyMost grievances provide arbitration by neutral, third-party
intervention as a final step.intervention as a final step.
Strength enhancementStrength enhancement
Representation in grievance cases develops members’Representation in grievance cases develops members’
loyalty to their union.loyalty to their union.
Features of a Good Grievance Handling ProcedureFeatures of a Good Grievance Handling Procedure
1.1. Fairness and neutrality of treatmentFairness and neutrality of treatment
2.2. System defined provision and facilitiesSystem defined provision and facilities
for representationfor representation
3.3. Existence of defined and mutuallyExistence of defined and mutually
agreed procedural steps for resolutionagreed procedural steps for resolution
4.4. Promptness in taking action orPromptness in taking action or
respondingresponding
5.5. Mutual acceptance to shared resolutionMutual acceptance to shared resolution
following grievancefollowing grievance
1919
Union MovementsUnion Movements
 Once the disputes accumulate, the labor
force tends to seek a closer sharing in its
circle and explore a more secure
institutional protection and happen to
join or form a labor union which is
mostly legalized in many countries.
 In many cases, the labor may even join
union along his/her entry into
organization in the developing countries
like India and Nepal.
 All labor intensive organizations in the
Asian region have formal labor unions.
2020
Trade UnionsTrade Unions
 The first trade union movement in Nepal
was the strike organized in the
Raghupati Juite Mills in Biratnagar.
 The then Primeminister Girija Prasad
Koirala was leading this movement. It
served instrumental in institutionalizing
trade union system in the country.
 Trade unions is in fact, is the ‘union of
unions’ whereby it is formed organizing
all unions in the country.
 Nepal Trade Union Mahasangh is an
example of trade union.
2121
Labor DisputesLabor Disputes
 Any sort of misunderstanding between
the individual labor or a group of
laborers with the management is
referred to as labor dispute.
 Interest disputesInterest disputes mostly arise during amostly arise during a
contract negotiation when the partiescontract negotiation when the parties
cannot agree on the terms of a newcannot agree on the terms of a new
contract.contract.
 Rights disputesRights disputes occur during the term ofoccur during the term of
an existing contract and involvean existing contract and involve
disagreements over how the contractdisagreements over how the contract
should be interpreted.should be interpreted.
2222
Historical Patterns of StrikeHistorical Patterns of Strike
 1930’s was a period of rapid growth of unionization1930’s was a period of rapid growth of unionization
with increased rate of strikes.with increased rate of strikes.
 During WW II the labor movement pledged to refrainDuring WW II the labor movement pledged to refrain
from strikes to aid the war effort. Despite this pledgefrom strikes to aid the war effort. Despite this pledge
there was no drop in the number of strikes but therethere was no drop in the number of strikes but there
was a decline in their duration.was a decline in their duration.
 After the war, readjustment to a peacetime economyAfter the war, readjustment to a peacetime economy
was accompanied by a wave of strikes ofwas accompanied by a wave of strikes of
unprecedented proportions.unprecedented proportions.
 Historically, most strikes (60%) occur duringHistorically, most strikes (60%) occur during
negotiations with less than 9% involving negotiationsnegotiations with less than 9% involving negotiations
of an initial agreement, about 13% occur during theof an initial agreement, about 13% occur during the
term of the agreement.term of the agreement.
 Most strikes involve wages. Other issues contributingMost strikes involve wages. Other issues contributing
to strikes include Union Security, Job Security, andto strikes include Union Security, Job Security, and
Factory Administration.Factory Administration.
2323
Types of StrikeTypes of Strike
 Economic strikesEconomic strikes
 Unfair labor practice strikesUnfair labor practice strikes
 Sympathy strikesSympathy strikes
 Wildcast (union non-recognized) strikesWildcast (union non-recognized) strikes
 Jurisdictional strikesJurisdictional strikes
 Lockout strikesLockout strikes
 Sit in hunger strikesSit in hunger strikes
 Corporate or industry line strikes (Lockout of all fiveCorporate or industry line strikes (Lockout of all five
star hotels)star hotels)
2424
Corporate Campaigns against StrikesCorporate Campaigns against Strikes
 Running wider public relation campaignsRunning wider public relation campaigns
 Building coalitions with union and union keyBuilding coalitions with union and union key
membersmembers
 Lobbying legislative and regulatory bodiesLobbying legislative and regulatory bodies
 Employing non-strike in plant actionsEmploying non-strike in plant actions
 Conducting boycottsConducting boycotts
Labor Management RelationsLabor Management Relations
A few areas of concernA few areas of concern
1.1. Labor RightsLabor Rights
2.2. Management RightsManagement Rights
3.3. Labor ObligationsLabor Obligations
4.4. Management ObligationsManagement Obligations
5.5. Creating Good Labor RelationsCreating Good Labor Relations 2525
Labor RightsLabor Rights
In many countries the respective lawsIn many countries the respective laws
have protected the labor rights for theirhave protected the labor rights for their
job security, minimum pay scales, voicejob security, minimum pay scales, voice
against discrimination, and any otheragainst discrimination, and any other
suppression.suppression.
2626
Labor ObligationsLabor Obligations
At the same time, the laws tend toAt the same time, the laws tend to
regulate labor by binding them with aregulate labor by binding them with a
number of obligations in respect with thenumber of obligations in respect with the
protection of image, property, supply ofprotection of image, property, supply of
essential items, human casualty, etc.essential items, human casualty, etc.
Examples of Unfair Labor PracticesExamples of Unfair Labor Practices
1.1. Obstruction to the management ofObstruction to the management of
nonunion employeesnonunion employees
2.2. Obstruction for the alternative unionObstruction for the alternative union
formationformation
3.3. Punish union members complainingPunish union members complaining
about unionabout union
4.4. Refuse to consult or negotiate in goodRefuse to consult or negotiate in good
faithfaith
5.5. Engaging in secondary boycottsEngaging in secondary boycotts
2727
Management RightsManagement Rights
In many countries the respective lawsIn many countries the respective laws
have protected the management rightshave protected the management rights
for the protection and safeguard of thefor the protection and safeguard of the
property, humanity and rights of others.property, humanity and rights of others.
Use of right to work laws is an example.Use of right to work laws is an example.
2828
Management ObligationsManagement Obligations
At the same time, the laws tend toAt the same time, the laws tend to
regulate management by binding themregulate management by binding them
with a number of obligations in respectwith a number of obligations in respect
with the protection of image, property,with the protection of image, property,
supply of essential items, humansupply of essential items, human
casualty, labor relations, etc.
Unfair Management PracticesUnfair Management Practices
1.1. Obstruction to legalized labor rightsObstruction to legalized labor rights
2.2. Obstruction to promote unionismObstruction to promote unionism
3.3. Sponsor or favor one union over anotherSponsor or favor one union over another
4.4. Discipline or punish employees that file grievances,Discipline or punish employees that file grievances,
complaints, or testimonycomplaints, or testimony
5.5. Refuse to consult or negotiate in good faithRefuse to consult or negotiate in good faith
6.6. Enforce rules conflicting with agreements ifEnforce rules conflicting with agreements if
agreements precede rulesagreements precede rules
7.7. Firing employees organizing a unionFiring employees organizing a union
8.8. Threatening prohibited punishmentsThreatening prohibited punishments
9.9. Changing working conditions without bargainingChanging working conditions without bargaining
10.10.Refusing mediation or arbitration when required byRefusing mediation or arbitration when required by
contractcontract
11.11.Excluding union reps from “formal discussions”Excluding union reps from “formal discussions”
2929
Indications of Good Labor RelationsIndications of Good Labor Relations
1.1. Impact of union on mission is neutral orImpact of union on mission is neutral or
positivepositive
2.2. Employees don’t project with bad imageEmployees don’t project with bad image
3.3. Changes are not made as “last resort”Changes are not made as “last resort”
4.4. Direct and indirect costs required by contractDirect and indirect costs required by contract
are kept smallare kept small
5.5. Management looks for suggestions from unionManagement looks for suggestions from union
6.6. Negotiated management rules are notNegotiated management rules are not
cumbersomecumbersome
7.7. Grievance to Arbitration ratio is highGrievance to Arbitration ratio is high
8.8. Amount of litigation is lowAmount of litigation is low
3030
3131
Guidelines for Disciplining an EmployeeGuidelines for Disciplining an Employee
 Make sure the evidence supports theMake sure the evidence supports the
charge.charge.
 Protect the employee’s due processProtect the employee’s due process
rights.rights.
 Warn the employee of the disciplinaryWarn the employee of the disciplinary
consequences.consequences.
 The rule allegedly violated should beThe rule allegedly violated should be
“reasonably related” to the efficient and“reasonably related” to the efficient and
safe operation of the work environment.safe operation of the work environment.
 Fairly and adequately investigate theFairly and adequately investigate the
matter.matter.
 Be sure there is substantial evidence ofBe sure there is substantial evidence of
misconduct.misconduct.
3232
Different Parties Involved in Grievance and DisputeDifferent Parties Involved in Grievance and Dispute
ManagementManagement
Management representativesManagement representatives are theare the
members who take part in negotiation on behalfmembers who take part in negotiation on behalf
of the management.of the management.
Union representativesUnion representatives are the members of theare the members of the
union who take part in negotiation byunion who take part in negotiation by
representing union.representing union.
MediatorsMediators are those people who play inare those people who play in
intermediary role to bring the parties in conflictintermediary role to bring the parties in conflict
on the table of discussion and communication,on the table of discussion and communication,
otherwise they are denying to sit together forotherwise they are denying to sit together for
discussion.discussion.
3333
Different Parties Involved in Grievance and DisputeDifferent Parties Involved in Grievance and Dispute
Management (Contd.)Management (Contd.)
NegotiatorsNegotiators are those people who specialize inare those people who specialize in
facilitating and performing union-managementfacilitating and performing union-management
negotiations to establish the agreement and sealnegotiations to establish the agreement and seal
the deal. These days there is a practice of hiringthe deal. These days there is a practice of hiring
professional negotiators to settle the disputesprofessional negotiators to settle the disputes
between the management and employees.between the management and employees.
ArbitratorsArbitrators are powerful negotiators and finalare powerful negotiators and final
decision makers on disputes. They are also calleddecision makers on disputes. They are also called
third party arbitrators. Both the parties will havethird party arbitrators. Both the parties will have
to agree on arbitrator’s decision as the systemto agree on arbitrator’s decision as the system
requires that both the parties have to agreerequires that both the parties have to agree
before commencing the arbitration that theybefore commencing the arbitration that they
would accept the decision of the arbitrator.would accept the decision of the arbitrator.
Collective BargainingCollective Bargaining
The US National Labor Relations Act has definedThe US National Labor Relations Act has defined
collective bargaining as – the performance of thecollective bargaining as – the performance of the
mutual obligation of the employer andmutual obligation of the employer and
representative of the employees to meet atrepresentative of the employees to meet at
reasonable times and confer in good faith withreasonable times and confer in good faith with
respect to wages, hours and other terms andrespect to wages, hours and other terms and
conditions of employment, or the negotiation ofconditions of employment, or the negotiation of
an agreement, or any question arising therean agreement, or any question arising there
under, and the execution of a written contractunder, and the execution of a written contract
incorporating any agreement reached, ifincorporating any agreement reached, if
requested by either party, but such obligationrequested by either party, but such obligation
does not compel either party to agree to adoes not compel either party to agree to a
proposal or require the making of a concession.proposal or require the making of a concession.
Collective BargainingCollective Bargaining
The term ‘collective’ it self is clear to understandThe term ‘collective’ it self is clear to understand
the meaning of collective bargaining – it is athe meaning of collective bargaining – it is a
mutual agreement between the management andmutual agreement between the management and
union representatives to act in a defined way.union representatives to act in a defined way.
The unit of bargaining could be a new policy,The unit of bargaining could be a new policy,
rules, norms, benefits affecting any employees.rules, norms, benefits affecting any employees.
Collective Bargaining ProcessCollective Bargaining Process
Step 1: Prepare for negotiation by complying withStep 1: Prepare for negotiation by complying with
existing micro and macro perspectives ofexisting micro and macro perspectives of
employment [within the premises of companyemployment [within the premises of company
and national rules]and national rules]
Step 2: Bargain on issuesStep 2: Bargain on issues
Step 3: Establish negotiationStep 3: Establish negotiation
Step 4: In case of negotiation breakdown,Step 4: In case of negotiation breakdown,
overcome such breakdown applying rightovercome such breakdown applying right
measuresmeasures
Step 5: Reach the agreementStep 5: Reach the agreement
Step 6: Ratify the agreement by mutually signingStep 6: Ratify the agreement by mutually signing
it upit up
Step 7: Administer/implement the agreementStep 7: Administer/implement the agreement
DismissalsDismissals
Any wrong-doing of employees may causeAny wrong-doing of employees may cause
upto their dismissals from the job, howeverupto their dismissals from the job, however
it will be broadly determined by the natureit will be broadly determined by the nature
of mistakes and frequency of suchof mistakes and frequency of such
mistakes.mistakes.
Dismissals Process May Follow:Dismissals Process May Follow:
Step 1: Oral coaching and teachingStep 1: Oral coaching and teaching
Step 2: Oral warningStep 2: Oral warning
Step 3: Seek explanation in writingStep 3: Seek explanation in writing
Step 4: Suspend without pay, followed byStep 4: Suspend without pay, followed by
other punishmentsother punishments
Step 5: Dismissal from the jobStep 5: Dismissal from the job
3939
Disciplinary ProceduresDisciplinary Procedures
Every company at some time must administerEvery company at some time must administer
corrective discipline.corrective discipline.
Both labor and management should support fairBoth labor and management should support fair
and effective disciplinary policies.and effective disciplinary policies.
Virtually all collective bargaining agreementsVirtually all collective bargaining agreements
outline disciplinary procedures.outline disciplinary procedures.
Management views the right and ability toManagement views the right and ability to
discipline its employees effectively as the heartdiscipline its employees effectively as the heart
of maintaining a productive workforce.of maintaining a productive workforce.
Protection from biased or arbitrary disciplineProtection from biased or arbitrary discipline
has been a prime motive of union organizinghas been a prime motive of union organizing
campaigns.campaigns.
4040
Consider
employee’s
past record
Disciplinary ProceduresDisciplinary Procedures
Recommended
disciplinary
policies
Explain
company
rules
Discipline
without
discharge
Get
the
facts
Give
adequate
warning
Ascertain
motive
Act
timely
Employee Safety and HealthEmployee Safety and Health
 It governs with any measures undertaken byIt governs with any measures undertaken by
the company to provide with an employeethe company to provide with an employee
safety and health conscious work environmentsafety and health conscious work environment
and procedural system in an organization.and procedural system in an organization.
 Maintenance of a more conducive employeeMaintenance of a more conducive employee
health and safety situation in an organizationhealth and safety situation in an organization
has been considered both as an obligatory ashas been considered both as an obligatory as
well as confirmatory condition today.well as confirmatory condition today.
 Effective safety and health orientation has toEffective safety and health orientation has to
be deeply rooted on more bottom-line workingbe deeply rooted on more bottom-line working
staff who are engaged in risky manual works.staff who are engaged in risky manual works.
Employee Safety and HealthEmployee Safety and Health
1.1. Providing job securityProviding job security
2.2. Maintaining work place safety measures toMaintaining work place safety measures to
prevent accidental casesprevent accidental cases
3.3. Providing employee health and insurance plansProviding employee health and insurance plans
4.4. Compensation against any lawful loss for theCompensation against any lawful loss for the
employee due to company’s action or rulesemployee due to company’s action or rules
5.5. Job confirmation to the dependants of theJob confirmation to the dependants of the
deceased due to accident in the plantdeceased due to accident in the plant
6.6. Compliance with occupational safety lawsCompliance with occupational safety laws
7.7. Implementation of work place safety standardsImplementation of work place safety standards
and working proceduresand working procedures
8.8. Safety and health of dependentsSafety and health of dependents
Employee Safety and Health: Case StudyEmployee Safety and Health: Case Study
 More recently, an employee in the F&BMore recently, an employee in the F&B
department of a five-star hotel in Kathmandudepartment of a five-star hotel in Kathmandu
met an fire accident while cooking food. As amet an fire accident while cooking food. As a
result, he has lost his visibility and the fingersresult, he has lost his visibility and the fingers
of both the hands. He has a wife and twoof both the hands. He has a wife and two
school going children. All dependent on him.school going children. All dependent on him.
As a genuine hotelier, what should be theAs a genuine hotelier, what should be the
response of the management in this case? Andresponse of the management in this case? And
why? Also discuss a few consequences if thewhy? Also discuss a few consequences if the
management fails to deliver with amanagement fails to deliver with a
righteousness consideration in this case.righteousness consideration in this case.

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Employee Grievance Resolution Guide

  • 1. Graduate Teaching Notes onGraduate Teaching Notes on Managing Employee Grievance, DisputeManaging Employee Grievance, Dispute and Relationshipand Relationship ByBy Chanakya P Rijal, PhD in LeadershipChanakya P Rijal, PhD in Leadership Visiting Faculty, Nepal College of ManagementVisiting Faculty, Nepal College of Management An affiliate ofAn affiliate of Kathmandu University, School of ManagementKathmandu University, School of Management Kathmandu, NepalKathmandu, Nepal Spring 2015Spring 2015
  • 2. Employee Grievance, Disputes andEmployee Grievance, Disputes and RelationshipRelationship Grievance & DisputesGrievance & Disputes SettlementSettlement 1.1.Concept of GrievanceConcept of Grievance 2.2.Forms of GrievanceForms of Grievance 3.3.Causes of Employee GrievanceCauses of Employee Grievance 4.4.Handling Employee GrievanceHandling Employee Grievance 5.5.Concept of Labor DisputesConcept of Labor Disputes 6.6.Major Causes of Labor DisputesMajor Causes of Labor Disputes 7.7.Settlement of Labor DisputesSettlement of Labor Disputes Employee RelationsEmployee Relations 1.1.Labor MovementsLabor Movements and Trade Unionsand Trade Unions 2.2.Collective BargainingCollective Bargaining 3.3.DismissalsDismissals 4.4.Employee Safety andEmployee Safety and HealthHealth
  • 3. Part 1: Grievance & Disputes SettlementPart 1: Grievance & Disputes Settlement 1.1.Concept of GrievanceConcept of Grievance DissatisfactionDissatisfaction: Anything that disturbs an: Anything that disturbs an employee, whether or not the unrest isemployee, whether or not the unrest is expressed in words.expressed in words. ComplaintComplaint: A spoken or written: A spoken or written dissatisfaction brought to the attention ofdissatisfaction brought to the attention of the supervisor. E.g., an assistant in the F&Bthe supervisor. E.g., an assistant in the F&B department of a hotel complaining with thedepartment of a hotel complaining with the Chef about the new company rule.Chef about the new company rule. GrievanceGrievance: A complaint that has been: A complaint that has been formally presented by an employee to aformally presented by an employee to a Management Representative or to theManagement Representative or to the Union Official in a hotel.Union Official in a hotel.
  • 4.  So, a grievance may be considered as aSo, a grievance may be considered as a formal disputeformal dispute between an employee andbetween an employee and management on and of the conditions ofmanagement on and of the conditions of employment.employment.  Another equally important aspect here isAnother equally important aspect here is that the grievances are complaints thatthat the grievances are complaints that areare formally registeredformally registered in accordancein accordance with the grievance procedure.with the grievance procedure.  A grievance is any dissatisfaction orA grievance is any dissatisfaction or feeling of injustice in connection withfeeling of injustice in connection with one’s employment situation that isone’s employment situation that is brought to the attention of thebrought to the attention of the management.management.
  • 5. Features of GrievancesFeatures of Grievances 1.1. Felt discontentFelt discontent or dissatisfaction broughtor dissatisfaction brought forward in action.forward in action. 2.2. Dissatisfaction must ariseDissatisfaction must arise from withinfrom within employmentemployment and on personal reasons.and on personal reasons. 3.3. The discontentment can arise as a resultThe discontentment can arise as a result ofof real or imaginary reasonsreal or imaginary reasons.. 4.4. Discontent may beDiscontent may be voiced or unvoicedvoiced or unvoiced but it must express in the some form.but it must express in the some form. 5.5. Broadly speaking a grievance isBroadly speaking a grievance is noticeable and traceable to real ornoticeable and traceable to real or perceived non-fulfillmentperceived non-fulfillment of one’sof one’s expectations.expectations.
  • 6. Forms of GrievancesForms of Grievances a.a.FactualFactual: Based on exactly what has: Based on exactly what has happened and how it has affected to thehappened and how it has affected to the employee in grievance. For example,employee in grievance. For example, change in leave taking procedure mightchange in leave taking procedure might have adversely affected to an employee.have adversely affected to an employee. b.b.ImaginaryImaginary: Sometimes, the employees: Sometimes, the employees may just imagine likely adverse situationsmay just imagine likely adverse situations and just oppose before they happen in realand just oppose before they happen in real life. The new Chef seems to be …life. The new Chef seems to be … c.c.DisguisedDisguised: A blaming approach; nothing: A blaming approach; nothing has happened but the employee complains.has happened but the employee complains.
  • 7. Reasons or Causes of Employee GrievanceReasons or Causes of Employee Grievance 1.1. EconomicEconomic: Under pay, late pay, disparity in: Under pay, late pay, disparity in pay rates, family crisis.pay rates, family crisis. 2.2. Work environmentWork environment: Less conducive work: Less conducive work environment (light, space, heat, equipment),environment (light, space, heat, equipment), incompatibility with technological, proceduralincompatibility with technological, procedural changes, discriminatory award system.changes, discriminatory award system. 3.3. SupervisionSupervision: Personality clash, attitude: Personality clash, attitude problem, harassment.problem, harassment. 4.4. Work groupWork group: Person-group fitness,: Person-group fitness, interpersonal clashes, member incompatibility.interpersonal clashes, member incompatibility. 5.5. OthersOthers: New rules, policies, organizational: New rules, policies, organizational changes, non-listening to oral appeals, and sochanges, non-listening to oral appeals, and so on…on…
  • 8. Effects of Employee GrievanceEffects of Employee Grievance On ProductionOn Production: Low quality of production, low: Low quality of production, low productivity, increased wastage , increased costproductivity, increased wastage , increased cost of production.of production. On EmployeesOn Employees: Increased absenteeism, reduced: Increased absenteeism, reduced level of commitment, increased level of accidents,level of commitment, increased level of accidents, reduced level of employee morale.reduced level of employee morale. On ManagersOn Managers: Strained superior-subordinate: Strained superior-subordinate relations, need for increased supervision/controlrelations, need for increased supervision/control and follow up, increase in unrest, therebyand follow up, increase in unrest, thereby machinery to maintain industrial peace.machinery to maintain industrial peace. On OrganizationOn Organization: Adverse effect on: Adverse effect on organizational image, good will, institutionalorganizational image, good will, institutional personality, and culture at large.personality, and culture at large.
  • 9. Benefits of Grievance HandlingBenefits of Grievance Handling 1.1. It encourages employees toIt encourages employees to raiseraise concernsconcerns without fear of reprisal.without fear of reprisal. 2.2. It provides aIt provides a fair and speedy meansfair and speedy means ofof dealing of grievances.dealing of grievances. 3.3. ItIt prevents minor disagreementsprevents minor disagreements developing into more serious disputes.developing into more serious disputes. 4.4. It savesIt saves employer’s time and moneyemployer’s time and money asas solutions are found for workplacesolutions are found for workplace problems.problems. 5.5. It helps build inIt helps build in organizational climateorganizational climate based on openness and trustbased on openness and trust.. 6.6. Helps in shaping into aHelps in shaping into a learninglearning organizationorganization as it promotes openness.as it promotes openness.
  • 10. Grievance HandlingGrievance Handling The systems mechanism or proceduralThe systems mechanism or procedural approaches applied to address or resolve theapproaches applied to address or resolve the grievances.grievances. A systematic process for hearing and evaluatingA systematic process for hearing and evaluating the complaints of employees.the complaints of employees. Protects the right of employees and eliminatesProtects the right of employees and eliminates the need for strikes every time a disagreementthe need for strikes every time a disagreement occurs about the labor contract.occurs about the labor contract.
  • 11. Objectives of Handling GrievancesObjectives of Handling Grievances Main objectives of grievance handling are:Main objectives of grievance handling are: 1.1.Enable employee to air the grievance.Enable employee to air the grievance. 2.2.Clarify the nature of grievance.Clarify the nature of grievance. 3.3.Investigate the reasons of dissatisfaction.Investigate the reasons of dissatisfaction. 4.4.Attain where possible a speedy resolutionAttain where possible a speedy resolution to the problem.to the problem. 5.5.Take appropriate actions and ensure thatTake appropriate actions and ensure that the promises are kept.the promises are kept. 6.6.Inform the employee his/her right toInform the employee his/her right to voice the grievance and take it to nextvoice the grievance and take it to next stage of the procedure.stage of the procedure.
  • 12. Tracking or Identification of GrievancesTracking or Identification of Grievances 1.1. ObservationObservation 2.2. Grievance procedureGrievance procedure 3.3. Gripe boxes; drop-in the grievanceGripe boxes; drop-in the grievance 4.4. Open door policy; walk-in and reportOpen door policy; walk-in and report 5.5. Exit interview; ask the job-leavingExit interview; ask the job-leaving employee about his/her felt uncomfortedemployee about his/her felt uncomforted situations, areas or actions in thesituations, areas or actions in the organization.organization. 6.6. Opinion survey; solicit a grievanceOpinion survey; solicit a grievance tracking questionnaires.tracking questionnaires.
  • 13. Essential Prerequisites for Grievance AddressingEssential Prerequisites for Grievance Addressing Conformity with statutory provisions.Conformity with statutory provisions. Unambiguous policies and procedures.Unambiguous policies and procedures. Simplicity of procedure and actions orSimplicity of procedure and actions or responses.responses. Promptness in responding.Promptness in responding. Training in raising and handlingTraining in raising and handling grievances.grievances. Follow up after each step, even afterFollow up after each step, even after handling.handling.
  • 14. 1414 Grievance procedure: Core of a continuousGrievance procedure: Core of a continuous processprocess  A specified series of four or five proceduralA specified series of four or five procedural steps that aggrieved employees, unions, andsteps that aggrieved employees, unions, and management representatives must followmanagement representatives must follow when a complaint arises.when a complaint arises.  Mechanism for administering the collectiveMechanism for administering the collective bargaining agreement.bargaining agreement.  Most grievance procedures entail four or fiveMost grievance procedures entail four or five steps.steps.  Employer’s refusal to process a grievance mayEmployer’s refusal to process a grievance may be a violation of the labor laws of the land.be a violation of the labor laws of the land.
  • 15. Procedural Steps in Handling GrievancesProcedural Steps in Handling Grievances 1.1. Identify grievance at the earliest.Identify grievance at the earliest. 2.2. Define the grievance correctly.Define the grievance correctly. 3.3. Collect data related to grievance.Collect data related to grievance. 4.4. Apply a prompt redressal mechanism.Apply a prompt redressal mechanism. 5.5. Agree, implement and follow up.Agree, implement and follow up.
  • 16. 1616 Parties Involved in Different StepsParties Involved in Different Steps Step 1 Employee, Steward, Supervisor Informal Resolution Formal Resolution Formal Resolution What happened? When did it happen? Who was involved? Where did it happen? Why is complaint a grievance? Step 2 Written Grievance Step 5 Final and Binding Arbitration Before Neutral Arbitrator Step 4 Union Grievance Committee, Director of Personnel Step 3 Steward, Department Head
  • 17. 1717 Functions of Grievance ProceduresFunctions of Grievance Procedures Conflict management resolutionConflict management resolution Without grievance procedures, parties would rely onWithout grievance procedures, parties would rely on harmful tests of economic strength to resolve disputesharmful tests of economic strength to resolve disputes involving contract interpretation.involving contract interpretation. Agreement clarificationAgreement clarification – All contracts contain some unintentional ambiguity.All contracts contain some unintentional ambiguity. – Grievance procedure used to interpret contract inGrievance procedure used to interpret contract in specific instances.specific instances. CommunicationCommunication – Offers channel to express problems and perceptions.Offers channel to express problems and perceptions. – Discuss perceived inequities in the workplace.Discuss perceived inequities in the workplace. Due processDue process Most grievances provide arbitration by neutral, third-partyMost grievances provide arbitration by neutral, third-party intervention as a final step.intervention as a final step. Strength enhancementStrength enhancement Representation in grievance cases develops members’Representation in grievance cases develops members’ loyalty to their union.loyalty to their union.
  • 18. Features of a Good Grievance Handling ProcedureFeatures of a Good Grievance Handling Procedure 1.1. Fairness and neutrality of treatmentFairness and neutrality of treatment 2.2. System defined provision and facilitiesSystem defined provision and facilities for representationfor representation 3.3. Existence of defined and mutuallyExistence of defined and mutually agreed procedural steps for resolutionagreed procedural steps for resolution 4.4. Promptness in taking action orPromptness in taking action or respondingresponding 5.5. Mutual acceptance to shared resolutionMutual acceptance to shared resolution following grievancefollowing grievance
  • 19. 1919 Union MovementsUnion Movements  Once the disputes accumulate, the labor force tends to seek a closer sharing in its circle and explore a more secure institutional protection and happen to join or form a labor union which is mostly legalized in many countries.  In many cases, the labor may even join union along his/her entry into organization in the developing countries like India and Nepal.  All labor intensive organizations in the Asian region have formal labor unions.
  • 20. 2020 Trade UnionsTrade Unions  The first trade union movement in Nepal was the strike organized in the Raghupati Juite Mills in Biratnagar.  The then Primeminister Girija Prasad Koirala was leading this movement. It served instrumental in institutionalizing trade union system in the country.  Trade unions is in fact, is the ‘union of unions’ whereby it is formed organizing all unions in the country.  Nepal Trade Union Mahasangh is an example of trade union.
  • 21. 2121 Labor DisputesLabor Disputes  Any sort of misunderstanding between the individual labor or a group of laborers with the management is referred to as labor dispute.  Interest disputesInterest disputes mostly arise during amostly arise during a contract negotiation when the partiescontract negotiation when the parties cannot agree on the terms of a newcannot agree on the terms of a new contract.contract.  Rights disputesRights disputes occur during the term ofoccur during the term of an existing contract and involvean existing contract and involve disagreements over how the contractdisagreements over how the contract should be interpreted.should be interpreted.
  • 22. 2222 Historical Patterns of StrikeHistorical Patterns of Strike  1930’s was a period of rapid growth of unionization1930’s was a period of rapid growth of unionization with increased rate of strikes.with increased rate of strikes.  During WW II the labor movement pledged to refrainDuring WW II the labor movement pledged to refrain from strikes to aid the war effort. Despite this pledgefrom strikes to aid the war effort. Despite this pledge there was no drop in the number of strikes but therethere was no drop in the number of strikes but there was a decline in their duration.was a decline in their duration.  After the war, readjustment to a peacetime economyAfter the war, readjustment to a peacetime economy was accompanied by a wave of strikes ofwas accompanied by a wave of strikes of unprecedented proportions.unprecedented proportions.  Historically, most strikes (60%) occur duringHistorically, most strikes (60%) occur during negotiations with less than 9% involving negotiationsnegotiations with less than 9% involving negotiations of an initial agreement, about 13% occur during theof an initial agreement, about 13% occur during the term of the agreement.term of the agreement.  Most strikes involve wages. Other issues contributingMost strikes involve wages. Other issues contributing to strikes include Union Security, Job Security, andto strikes include Union Security, Job Security, and Factory Administration.Factory Administration.
  • 23. 2323 Types of StrikeTypes of Strike  Economic strikesEconomic strikes  Unfair labor practice strikesUnfair labor practice strikes  Sympathy strikesSympathy strikes  Wildcast (union non-recognized) strikesWildcast (union non-recognized) strikes  Jurisdictional strikesJurisdictional strikes  Lockout strikesLockout strikes  Sit in hunger strikesSit in hunger strikes  Corporate or industry line strikes (Lockout of all fiveCorporate or industry line strikes (Lockout of all five star hotels)star hotels)
  • 24. 2424 Corporate Campaigns against StrikesCorporate Campaigns against Strikes  Running wider public relation campaignsRunning wider public relation campaigns  Building coalitions with union and union keyBuilding coalitions with union and union key membersmembers  Lobbying legislative and regulatory bodiesLobbying legislative and regulatory bodies  Employing non-strike in plant actionsEmploying non-strike in plant actions  Conducting boycottsConducting boycotts
  • 25. Labor Management RelationsLabor Management Relations A few areas of concernA few areas of concern 1.1. Labor RightsLabor Rights 2.2. Management RightsManagement Rights 3.3. Labor ObligationsLabor Obligations 4.4. Management ObligationsManagement Obligations 5.5. Creating Good Labor RelationsCreating Good Labor Relations 2525
  • 26. Labor RightsLabor Rights In many countries the respective lawsIn many countries the respective laws have protected the labor rights for theirhave protected the labor rights for their job security, minimum pay scales, voicejob security, minimum pay scales, voice against discrimination, and any otheragainst discrimination, and any other suppression.suppression. 2626 Labor ObligationsLabor Obligations At the same time, the laws tend toAt the same time, the laws tend to regulate labor by binding them with aregulate labor by binding them with a number of obligations in respect with thenumber of obligations in respect with the protection of image, property, supply ofprotection of image, property, supply of essential items, human casualty, etc.essential items, human casualty, etc.
  • 27. Examples of Unfair Labor PracticesExamples of Unfair Labor Practices 1.1. Obstruction to the management ofObstruction to the management of nonunion employeesnonunion employees 2.2. Obstruction for the alternative unionObstruction for the alternative union formationformation 3.3. Punish union members complainingPunish union members complaining about unionabout union 4.4. Refuse to consult or negotiate in goodRefuse to consult or negotiate in good faithfaith 5.5. Engaging in secondary boycottsEngaging in secondary boycotts 2727
  • 28. Management RightsManagement Rights In many countries the respective lawsIn many countries the respective laws have protected the management rightshave protected the management rights for the protection and safeguard of thefor the protection and safeguard of the property, humanity and rights of others.property, humanity and rights of others. Use of right to work laws is an example.Use of right to work laws is an example. 2828 Management ObligationsManagement Obligations At the same time, the laws tend toAt the same time, the laws tend to regulate management by binding themregulate management by binding them with a number of obligations in respectwith a number of obligations in respect with the protection of image, property,with the protection of image, property, supply of essential items, humansupply of essential items, human casualty, labor relations, etc.
  • 29. Unfair Management PracticesUnfair Management Practices 1.1. Obstruction to legalized labor rightsObstruction to legalized labor rights 2.2. Obstruction to promote unionismObstruction to promote unionism 3.3. Sponsor or favor one union over anotherSponsor or favor one union over another 4.4. Discipline or punish employees that file grievances,Discipline or punish employees that file grievances, complaints, or testimonycomplaints, or testimony 5.5. Refuse to consult or negotiate in good faithRefuse to consult or negotiate in good faith 6.6. Enforce rules conflicting with agreements ifEnforce rules conflicting with agreements if agreements precede rulesagreements precede rules 7.7. Firing employees organizing a unionFiring employees organizing a union 8.8. Threatening prohibited punishmentsThreatening prohibited punishments 9.9. Changing working conditions without bargainingChanging working conditions without bargaining 10.10.Refusing mediation or arbitration when required byRefusing mediation or arbitration when required by contractcontract 11.11.Excluding union reps from “formal discussions”Excluding union reps from “formal discussions” 2929
  • 30. Indications of Good Labor RelationsIndications of Good Labor Relations 1.1. Impact of union on mission is neutral orImpact of union on mission is neutral or positivepositive 2.2. Employees don’t project with bad imageEmployees don’t project with bad image 3.3. Changes are not made as “last resort”Changes are not made as “last resort” 4.4. Direct and indirect costs required by contractDirect and indirect costs required by contract are kept smallare kept small 5.5. Management looks for suggestions from unionManagement looks for suggestions from union 6.6. Negotiated management rules are notNegotiated management rules are not cumbersomecumbersome 7.7. Grievance to Arbitration ratio is highGrievance to Arbitration ratio is high 8.8. Amount of litigation is lowAmount of litigation is low 3030
  • 31. 3131 Guidelines for Disciplining an EmployeeGuidelines for Disciplining an Employee  Make sure the evidence supports theMake sure the evidence supports the charge.charge.  Protect the employee’s due processProtect the employee’s due process rights.rights.  Warn the employee of the disciplinaryWarn the employee of the disciplinary consequences.consequences.  The rule allegedly violated should beThe rule allegedly violated should be “reasonably related” to the efficient and“reasonably related” to the efficient and safe operation of the work environment.safe operation of the work environment.  Fairly and adequately investigate theFairly and adequately investigate the matter.matter.  Be sure there is substantial evidence ofBe sure there is substantial evidence of misconduct.misconduct.
  • 32. 3232 Different Parties Involved in Grievance and DisputeDifferent Parties Involved in Grievance and Dispute ManagementManagement Management representativesManagement representatives are theare the members who take part in negotiation on behalfmembers who take part in negotiation on behalf of the management.of the management. Union representativesUnion representatives are the members of theare the members of the union who take part in negotiation byunion who take part in negotiation by representing union.representing union. MediatorsMediators are those people who play inare those people who play in intermediary role to bring the parties in conflictintermediary role to bring the parties in conflict on the table of discussion and communication,on the table of discussion and communication, otherwise they are denying to sit together forotherwise they are denying to sit together for discussion.discussion.
  • 33. 3333 Different Parties Involved in Grievance and DisputeDifferent Parties Involved in Grievance and Dispute Management (Contd.)Management (Contd.) NegotiatorsNegotiators are those people who specialize inare those people who specialize in facilitating and performing union-managementfacilitating and performing union-management negotiations to establish the agreement and sealnegotiations to establish the agreement and seal the deal. These days there is a practice of hiringthe deal. These days there is a practice of hiring professional negotiators to settle the disputesprofessional negotiators to settle the disputes between the management and employees.between the management and employees. ArbitratorsArbitrators are powerful negotiators and finalare powerful negotiators and final decision makers on disputes. They are also calleddecision makers on disputes. They are also called third party arbitrators. Both the parties will havethird party arbitrators. Both the parties will have to agree on arbitrator’s decision as the systemto agree on arbitrator’s decision as the system requires that both the parties have to agreerequires that both the parties have to agree before commencing the arbitration that theybefore commencing the arbitration that they would accept the decision of the arbitrator.would accept the decision of the arbitrator.
  • 34. Collective BargainingCollective Bargaining The US National Labor Relations Act has definedThe US National Labor Relations Act has defined collective bargaining as – the performance of thecollective bargaining as – the performance of the mutual obligation of the employer andmutual obligation of the employer and representative of the employees to meet atrepresentative of the employees to meet at reasonable times and confer in good faith withreasonable times and confer in good faith with respect to wages, hours and other terms andrespect to wages, hours and other terms and conditions of employment, or the negotiation ofconditions of employment, or the negotiation of an agreement, or any question arising therean agreement, or any question arising there under, and the execution of a written contractunder, and the execution of a written contract incorporating any agreement reached, ifincorporating any agreement reached, if requested by either party, but such obligationrequested by either party, but such obligation does not compel either party to agree to adoes not compel either party to agree to a proposal or require the making of a concession.proposal or require the making of a concession.
  • 35. Collective BargainingCollective Bargaining The term ‘collective’ it self is clear to understandThe term ‘collective’ it self is clear to understand the meaning of collective bargaining – it is athe meaning of collective bargaining – it is a mutual agreement between the management andmutual agreement between the management and union representatives to act in a defined way.union representatives to act in a defined way. The unit of bargaining could be a new policy,The unit of bargaining could be a new policy, rules, norms, benefits affecting any employees.rules, norms, benefits affecting any employees.
  • 36. Collective Bargaining ProcessCollective Bargaining Process Step 1: Prepare for negotiation by complying withStep 1: Prepare for negotiation by complying with existing micro and macro perspectives ofexisting micro and macro perspectives of employment [within the premises of companyemployment [within the premises of company and national rules]and national rules] Step 2: Bargain on issuesStep 2: Bargain on issues Step 3: Establish negotiationStep 3: Establish negotiation Step 4: In case of negotiation breakdown,Step 4: In case of negotiation breakdown, overcome such breakdown applying rightovercome such breakdown applying right measuresmeasures Step 5: Reach the agreementStep 5: Reach the agreement Step 6: Ratify the agreement by mutually signingStep 6: Ratify the agreement by mutually signing it upit up Step 7: Administer/implement the agreementStep 7: Administer/implement the agreement
  • 37. DismissalsDismissals Any wrong-doing of employees may causeAny wrong-doing of employees may cause upto their dismissals from the job, howeverupto their dismissals from the job, however it will be broadly determined by the natureit will be broadly determined by the nature of mistakes and frequency of suchof mistakes and frequency of such mistakes.mistakes.
  • 38. Dismissals Process May Follow:Dismissals Process May Follow: Step 1: Oral coaching and teachingStep 1: Oral coaching and teaching Step 2: Oral warningStep 2: Oral warning Step 3: Seek explanation in writingStep 3: Seek explanation in writing Step 4: Suspend without pay, followed byStep 4: Suspend without pay, followed by other punishmentsother punishments Step 5: Dismissal from the jobStep 5: Dismissal from the job
  • 39. 3939 Disciplinary ProceduresDisciplinary Procedures Every company at some time must administerEvery company at some time must administer corrective discipline.corrective discipline. Both labor and management should support fairBoth labor and management should support fair and effective disciplinary policies.and effective disciplinary policies. Virtually all collective bargaining agreementsVirtually all collective bargaining agreements outline disciplinary procedures.outline disciplinary procedures. Management views the right and ability toManagement views the right and ability to discipline its employees effectively as the heartdiscipline its employees effectively as the heart of maintaining a productive workforce.of maintaining a productive workforce. Protection from biased or arbitrary disciplineProtection from biased or arbitrary discipline has been a prime motive of union organizinghas been a prime motive of union organizing campaigns.campaigns.
  • 40. 4040 Consider employee’s past record Disciplinary ProceduresDisciplinary Procedures Recommended disciplinary policies Explain company rules Discipline without discharge Get the facts Give adequate warning Ascertain motive Act timely
  • 41. Employee Safety and HealthEmployee Safety and Health  It governs with any measures undertaken byIt governs with any measures undertaken by the company to provide with an employeethe company to provide with an employee safety and health conscious work environmentsafety and health conscious work environment and procedural system in an organization.and procedural system in an organization.  Maintenance of a more conducive employeeMaintenance of a more conducive employee health and safety situation in an organizationhealth and safety situation in an organization has been considered both as an obligatory ashas been considered both as an obligatory as well as confirmatory condition today.well as confirmatory condition today.  Effective safety and health orientation has toEffective safety and health orientation has to be deeply rooted on more bottom-line workingbe deeply rooted on more bottom-line working staff who are engaged in risky manual works.staff who are engaged in risky manual works.
  • 42. Employee Safety and HealthEmployee Safety and Health 1.1. Providing job securityProviding job security 2.2. Maintaining work place safety measures toMaintaining work place safety measures to prevent accidental casesprevent accidental cases 3.3. Providing employee health and insurance plansProviding employee health and insurance plans 4.4. Compensation against any lawful loss for theCompensation against any lawful loss for the employee due to company’s action or rulesemployee due to company’s action or rules 5.5. Job confirmation to the dependants of theJob confirmation to the dependants of the deceased due to accident in the plantdeceased due to accident in the plant 6.6. Compliance with occupational safety lawsCompliance with occupational safety laws 7.7. Implementation of work place safety standardsImplementation of work place safety standards and working proceduresand working procedures 8.8. Safety and health of dependentsSafety and health of dependents
  • 43. Employee Safety and Health: Case StudyEmployee Safety and Health: Case Study  More recently, an employee in the F&BMore recently, an employee in the F&B department of a five-star hotel in Kathmandudepartment of a five-star hotel in Kathmandu met an fire accident while cooking food. As amet an fire accident while cooking food. As a result, he has lost his visibility and the fingersresult, he has lost his visibility and the fingers of both the hands. He has a wife and twoof both the hands. He has a wife and two school going children. All dependent on him.school going children. All dependent on him. As a genuine hotelier, what should be theAs a genuine hotelier, what should be the response of the management in this case? Andresponse of the management in this case? And why? Also discuss a few consequences if thewhy? Also discuss a few consequences if the management fails to deliver with amanagement fails to deliver with a righteousness consideration in this case.righteousness consideration in this case.