Union Grievance Or Policy Grievance

Published Date: 02 Nov 2017

2.1 Introduction

A grievance issue can be defined as:

". . . a matter submitted by a worker in respect of any measure or situation which directly affects, or may affect the conditions of employment in the undertaking, when that measure or situation appears contrary to the provisions of an applicable collective agreement or a contract of employment, to work rules, or laws or regulations, or to the custom or usage of the occupation (International Labour Conference Report, 1965, pp. 7-9)."

In the workplace, there are only two types of grievances: the General Grievance and the Individual Grievance.

The General Grievance is a grievance that affects a group of employees. Examples of general grievances would be a wage cut or a retrenchment exercise that could involve several employees or the entire workforce.

The Individual Grievance is a grievance affecting one employee and requires a one-to-one approach, with or without the Trade Union Representative (TUR), depending whether the organisation is unionised. Examples of Individual Grievances would include an employee who feels discriminated in a promotion exercise or a case of moral or sexual harassment.

2.2 Who is aggrieved?

We can classify grievances according to where they come from and how they arise, but we can also look at them according to who is affected.

2.2.1 Individual grievances

Most grievances affect only a single individual. Even so, you as a steward should be filing the grievance, not the employee on her/his own (if the contract permits it). It is in the interests of everyone in the union that the grievance is handled properly, bearing in mind the interests of the union as well as the griever. And, when an individual's rights have been violated and he or she refuses to file a grievance, you should file the grievance on behalf of the union -- especially if the contract specifically permits it. In this way, you will defend the collective bargaining agreement and protect the rights of all employees covered by it. The management's argument that you cannot file an individual grievance on behalf of the union is invariably false.

2.2.2 Group grievances

This is where several employees have the same complaint. Usually you file the grievance on behalf of the group (who must be clearly named or defined) though there is nothing wrong with filing a series of individual grievances dealing with the same issue.

2.2.3 Union grievance or policy grievance

Exactly what your rights are and exactly what these grievances are called depends on the language used in the contract. These two types of grievances usually mean the same thing.

The union grievance is one that is filed by the union on behalf of a group of indi-viduals or the whole bargaining unit -- or on behalf of an individual who refuses to file it. Invariably, a union grievance is one in which the union considers its rights to have been violated, and not just the rights of individuals in the bargaining unit. Again, you might find the expression "general grievance' used and it might mean un-ion grievance, policy grievance, or group grievance, depending once more on the language used in the contract.

2.3 When is a complaint not a grievance?

If the management has not violated anyone's rights, there is no grievance. But, there may be a real complaint, and if you are a good steward you will deal with complaints as seri-ously as you would a grievance. Here are some types of complains:

2.3.1 Personal troubles and requests for advice

You will often find that people want to confide in you. Treat them sympathetically; try to help them and keep confidences strictly to yourself.

2.3.2 Complaints about fellow workers

These need a lot of tact, diplomacy and moral authority on your part. This sort of complaint becomes a grievance if management gets involved when it shouldn't, ac-cording to the contract or past practice -- or it doesn't get involved when it should.

2.3.3 Complaints against management not covered by the contract

There may be cases you have to face which do not involve an injustice, do not vio-late past practice and are not covered by the contract. It still may be possible to remedy these complaints by informal discussions between the union (you) and the employer.

Borderline cases

You should seek advice from the chief steward or the grievance committee or your local business representative before taking these up as grievances. Report back to the person complaining as soon as possible, explaining what you are doing and why.

Complains against the union

It is up to you to explain to the complainer what his or her rights are under the rules and constitution of the local and international union.

2.4 Why handle grievances?

There is a greater diversity in the workplace today, comprising employees from different age, nationality, gender, ethnic and religious background. In such work environment, miscommunication and misunderstanding are likely to occur. If not managed properly, such misunderstandings will affect employees’ moral and productivity.

With employees being more Internet savvy and the popularity of social media, such unhappiness may also be publicised on social media platforms such as Facebook or Twitter. Such negative publicity can affect the employers’ image and brand, causing unnecessary embarrassment to the management. In some cases, such grievances can also lead to expensive and time consuming litigations.

Employers can pre-empt such situations by creating favourable working environment through adoption of fair employment practices. This includes having a proper Grievance Procedure to handle complaints.

Employers and employees should understand that it is unrealistic for every grievance to be resolved to the absolute satisfaction of either party. In some situations, the most reasonable solution is a compromise with both parties adopting a "give and take" position.

The purpose of a Grievance Procedure is not the resolution or settlement of the grievance but the maintenance of industrial harmony between the employee and employer.

Research on organizational justice is important in light of the fact that many

opportunities exist for managers to make decisions that result in injustice – for example the abrupt closure of a section leading, from the standpoint of employees, to unanticipated redundancy; capricious or whimsical dismissal of an employee; payment of a higher salary to a male employee with less experience and qualifications than a female who consistently performs much better; a refusal to promote or otherwise reward employees for consistently superior contributions while rewarding others out of favouritism.

Out of their concern for cost-discipline, labour efficiency and profitability, managers may take actions that either deny individuals "voice", process control or outcome control and satisfaction. Employees grieve when such situations affect them and if negative experiences are constantly repeated, the morality and justice of the decision-making process and the outcomes that flow from it become subject to question.

In organisations where managers have an open policy for communication and consultation, problems and concerns are often raised and settled as a matter of course. Employees should aim to settle most grievances informally with their line managers or through collective agreements. Many problems can be raised and settled during the course of everyday working relationships, i.e., through collective agreement. This also allows for problems to be settled quickly.

One of the important provisions of collective agreements is the grievance procedure. It has historically been regarded as both an institutional mechanism and a process for managing workplace conflict arising out of the contract between employer and employee.

As Gordon and Fryxell (1993, pp. 232, 233) observe:

"Grievance systems can reduce or eliminate work stoppages during the life of the collective bargaining agreement. Processing a grievance permits resolution of interpretive disagreements without reliance on economic threat by either of the parties . . . Compliance with the contract is effected by an orderly process that allows the parties to determine whether the labor agreement has in fact been violated."

Grievance administration also has consequences for individual behaviour. Research has shown that it may discourage or foster "disruptive behaviour" and influence job performance and job satisfaction, as well as the relationship between the aggrieved and the employer and trade-union respectively (Gordon and Bowlby, 1988; Klaas, 1989; Fiortio et al., 1988; Fryxell and Gordon, 1989).

2.5 Grievance handling procedure

It is commonly assumed that the person who should handle employee grievances is the designated Human Resource (HR) Practitioner of the organisation. This is far from correct. Although the HR Practitioner has a part to play, the handling of employee grievances is a job function of any person authorised and empowered by the employer. The type of grievance, whether it is individual or general will also determine who should handle the grievance process.

In handling General Grievances, communication is the key and organizations can include the following information in the communication process;

What adverse events that have occurred, are occurring or will be occurring that require certain actions to be taken that will affect employees.

Why certain painful action or actions, for example wage cut, have to be taken over other solutions.

Who will be affected and in what manner.

How the decided action or actions would be administered.

When the decided action or actions would be made effective. This will allow employees ample time to prepare themselves and consider their options.

In handling General Grievances, it might be useful to remember the acronym, "WECURO";

Well-timed - Information shared should be well-timed, not "too little" and not "too late". Management should be quick in dealing with any hint of trouble before it gets out of control and employees start believing that rumours are facts.

Effective - Information should be well planned, prudent and factual and communicated through the most effective channel. When seeking feedback, a dialogue session is more effective than e-mails.

Consistent - It is very important that the information shared by all members of the Management Team should be consistent. There should be no contradiction between CEO and the HODs or even Section Heads.

Up-to date - The Management Team should always be up-to-date in the latest news or events relating to the specific situations. By being informed, they will be able to handle any inquiries or issues that may be raised by the employees.

Regular - Regular information sharing gives employees the impression that the Management Team has no hidden agenda and helps to build trust. Trust is an important factor in maintaining employees’ morale.

Open-minded - All parties should be open-minded, because of the need for effective communication and a willingness to be flexible.

To be an effective GH, the following skills should be cultivated and demonstrated. They could be summed up in the following acronym, "PRACLIP";

Problem solving attitude - A problem-solving attitude implies that the GH is open-minded and willing to explore with the employee ways to resolve the grievance.

Responsible - The GH should ensure that all matters relating to the employee and the grievance discussed at the meeting should be kept confidential. The GH should also be meticulous about follow-up and completing the task judiciously.

Active Listening - The GH should not be just a good listener but should practise active listening. He should seek to understand, interpret, and evaluate what he hears. He must exercise empathy and try to understand the feelings of dissatisfaction and distress that the aggrieved employee is experiencing.

Careful - The GH needs to be particularly careful when taking notes during the meeting. To ensure accuracy, the GH should record and repeat pronouncements made to ensure there are no discrepancies. Note taking is also important for follow-up work.

Light-hearted - Humour diminishes tension and brings about a congenial atmosphere during a grievance handling session. Having a good sense of humour will be helpful to a GH.

Inclusive language - The GH should use inclusive language like "we work together" and "our problem" to reassure the aggrieved employee. Making the grievance appear to be less of the individual’s problem helps the employee to be less defensive and more willing to speak up.

Placid - The GH should aim to be placid and unruffled throughout the meeting with or without the presence or active involvement of the TUR. If the aggrieved employee becomes agitated, the GH should remain placid, polite and professional.

The first important task for HR Practitioner is to have a GP put in place. GP is requirement in all collective agreements. All GPs regardless whether the organisation is unionised or not, should have the following features:

Levels of appeal depending on the hierarchical structure of the organisation and the HR Policy.

The first level of appeal for an employee with a grievance is the immediate superior, unless the grievance is against the immediate superior.

The existence of Time Lag which refers to the period of time to wait for action to be taken. The time lag must be reasonable and achievable. "Working day" should be used to prevent misunderstanding.

The employee has the right to move to the next level if no decision satisfactory to both parties is reached within the Time Lag. The purpose of Time Lag is to ensure that Management representatives can neither make capricious decisions because such decisions can be appealed against, nor ignore such appeals because employees have the right to move to the next level.

A sample GP for a non-unionised organisation is appended below:

(1) Recognising the value and importance of full discussions in clearing up misunderstanding and preserving harmonious relations, the Management shall always endeavour to preserve continuous and harmonious relations with its employees, and shall always make every reasonable effort to effect immediate full discussion to clear up misunderstandings and to investigate into any grievance of employees of (Company/Organisation).

(2) In pursuance of this mutual desire, an employee’s grievance shall be dealt with in accordance with the following procedures:

(a) Step One

Any employee who has a grievance may, within three working days of its arising, bring the matter to the attention of his immediate superior or, where such grievance is against his immediate supervisor, to the attention of his Department Head, who shall give his decision within three working days from the date of reference to him.

(b) Step Two

If the employee concerned is aggrieved by the decision given under sub-clause (a) above, he may within three working days thereof, refer the matter to the Division Head for settlement, who shall give his decision within three working days from the date the matter was referred to him.

(c) Step Three

If the employee is still dissatisfied with the decision given under sub-clause (b) above, the employee may refer the matter to the HR Manager, who will represent the Management for settlement.

(3) In the event of there being no settlement at the above steps, the matter shall be dealt with by the CEO (State Job Title), whose decision shall be final.

2.6 Making the Grievance Procedure Work

2.6.1 Communication and Training

Like any tools, its value and effectiveness depends on the knowledge and competency of its users. The GP should apply to all employees regardless of rank; even executives and managers do have grievances or have the right to raise their grievances. To make the GP work, the HR Practitioner should take the following measures:

Walk through the GP with executives, managers and all supervisors.

Guide them on how to handle grievances.

Impress upon them the importance of a GP and the need to take all complaints seriously.

Conduct a grievance handling workshop with role-play.

In the training workshop, the HR Practitioner should explain to line managers that:

It is the employee’s legitimate right to use GP.

When using the GP, the employee can appeal to a higher authority against their decisions.

The employee’s action is not a negative reflection of the line manager’s competency in problem solving or decision making.

The importance of follow-up action within the Time-Lag.

Failure to follow-up may reflect negatively on the sincerity and efficiency of the individual line manager and the Management Team.

Follow-up action reports should be submitted to HR within one working day after the grievance handling session.

For organisations that have trade unions, the HR should advise line managers on:

The need to extend courtesy and respect.

How to conduct themselves in the presence of the TUR to encourage an open and effective discussion.

How they can work comfortably and constructively with the TURs in resolving grievances.

Line managers should also be assured that they have the support and access to the resources available in the HR department. This helps the line managers to be confident in implementing the GP.

Once the line managers are trained, the next step is to make the GP known and accessible to all employees. New employees should be informed of the existence and availability of the organisation’s GP during Induction. Employees should be informed about the objectives of the GP through formal documentation, such as through the employee’s handbook. The write-up may include the following:

The assurance that the organisation as a fair employer takes all grievances/complaints very seriously.

The objective of a GP and the right of all employees to use it.

The assurance that no disciplinary action will be taken against employees who appeal to the supervisor of his immediate superior. Employees who are not familiar with a GP may be hesitant to raise grievances for fear of reprisals from the management.

The assurance that confidentiality will be maintained.

Definition of grievance with examples to simplify understanding.

2.7 Characteristics of effective grievance systems

The use of grievance procedures is intended to serve the needs of both employers and employees. It is therefore important for organizations to employ effective grievance management systems to address the concerns raised by employees in the interest of promoting justice and avoiding conflict, especially in a unionized establishment.

Grievance systems and grievance management should possess certain characteristics and demonstrate the use of certain principles to ensure their effectiveness.

One of the cardinal principles of effective complaints and grievance management is that workers must be aware of and have unencumbered access to well-defined procedures that are easy to understand and use.

Another principle of effective grievance management is that workers’ concerns should be addressed in a timely fashion. For this to happen, one of the conditions that must be present in the unionized environment is that there should be a sufficient number of competent trade-union representatives and supervisors at the workplace. The same holds for union officials who must be available for providing this essential service to union members, in the event disagreements and misunderstandings are not resolved at the local level, and especially if third party assistance in the form of conciliation or grievance arbitration is required.

Grievance systems should also ensure "voice", or the opportunity to be heard in the organization, (Feuille and Chachere, 1995; Freeman and Medoff, 1984).

"Voice" allow employees to assert and protect their job rights.

Grievance systems should also specify employees’ rights to representation and allow for appeal against decisions with which they disagree.

Effective grievance management ultimately affords workers an ability to assist in shaping decisions at the workplace that affect them. Feuille and Chachere (1995) observe that employees view work systems as fair when these procedures allow them the opportunity to contribute or participate in management decision-making.

Procedural justice afforded by grievance systems seems to be a function of how grievances are handled and resolved in the organization. It is thus important to understand certain characteristics of a grievance system in promoting positive perceptions of organizational justice.

Feuille and Chachere (1995, p. 28) contend that:

". . . grievance procedures can be thought of as procedural justice channels that allow employees the remedial opportunity to seek the distributive justice they believe they were denied when the unfair treatment occurred".

Thus, one important factor in promoting procedural justice in an organization is the presence of adequate opportunities for airing complaints as part of the process of promoting "voice". Konovosky (2000, p. 496) cited previous research on procedural justice which established:

"that opportunity for voice led to higher perceptions of procedural justice than no opportunity for voice".

Since grievance procedures are ideally linked to the procedural justice concept, another important feature of this system is its ability to handle workers’ complaints in a fair manner.

Sheppard et al. (1992) argue that important features of an effective voice system, in constituting procedural justice, are efficiency and responsiveness (to grievants). An efficient and responsive grievance system handles workers’ complaints in a timely manner and ensures that decisions for resolving grievances are made in a timely manner. The former refers to the time that elapses between the time a complaint is issued and the time any action by management is initiated. The latter refers to length of time spent in reaching a formal resolution for a grievance or complaint raised.

Furthermore, the stages of the grievance management process and the procedures for handling workers’ complaints should be adequate in effective grievance systems because these elements contribute to workers’ perceptions about the seriousness with which the parties treat their grievances, and the justice-producing potential of any effort to resolve them.

These six major characteristics existence of adequate opportunities for airing complaints, fair handling of workers’ complaints, timeliness of grievance/complaint handling, timeliness of grievance resolution, adequate stages of the grievance management process and adequate procedures for handling workers’ complaints are deemed important for effective grievance systems.