The process for resolving a workplace grievance between an employer and a union representing its employees usually follows a standard sequence of steps. Typically, a grievance claim over a labor and employment dispute moves up the chain of command of both the union and the employer.
This process doesn’t waive either side’s rights to labor arbitration. Rather, the theory is that the lower the level at which a disagreement can be resolved, the lesser the degree of disruption to the workplace.
Most grievance procedures begin with an informal step at which the employee and a steward meet with the employee’s immediate supervisor to discuss the matter in an attempt to find an expeditious resolution. If this informal discussion provides no resolution, the formal steps are initiated, usually with the filing of a written grievance.
If the employee and supervisor are unable to resolve the dispute in an informal discussion, the employee initiates a grievance by informing the steward of the complaint.
The steward is responsible for interviewing the employee and determining:
Most arbitration agreements provide for multiple grievance processing steps corresponding to the chain of command or levels of review. Three-step procedures are common, but more complex procedures are used by some parties with multiple plants and bargaining units in the interest of consistency in the application of national agreements spanning unit boundaries.
Most contracts require the employer to prepare written responses after each of the processing steps within a specified number of days.
[Download our Matrix for Analyzing and Evaluating a Grievance Claim for a helpful tool to examine the essential components of a case.]
This step involves a meeting between the steward – usually accompanied by the employee – and the employee’s supervisor to discuss the grievance. If the grievance can’t be resolved at this step, most agreements require that the grievance be filed in writing and signed by the grievant within a specified number of days of the incident. In general, the steward is responsible for reducing the grievance to writing. The original document is given to a designated management representative and the steward retains a copy. Additional copies are distributed to various union and management officials, as well as to the employee.
The next step of the grievance process is a meeting to discuss the grievance at a higher level of management authority – typically between the union’s business agent or grievance committee members and designated management representatives.
The last step before referral to arbitration typically involves discussions between full-time union officers and/or representatives of the international union and top company management.
Contracts usually require the parties to observe all processing steps before resorting to arbitration. However, if both parties agree or if it is allowed by the contract, one or more processing steps can be bypassed in certain situations, including those where:
Following completion of the grievance processing steps, some contracts provide for an intermediate stage before arbitration: grievance mediation. Grievance mediation refers to a dispute resolution process in which the parties discuss the grievance with a mediator who acts as an impartial third party. The mediator can suggest ways of resolving the dispute but doesn’t make findings of fact and can’t impose a settlement on the parties.
The parties can agree to use mediation on an informal basis for selected grievances, or mediation can be designated in the contract as an alternative to or additional stage prior to arbitration.
In general, referral to an arbitrator for a decision is the final step in grievance procedures. The decision as to whether to refer the grievance to arbitration is made by the union and not the aggrieved employee.
In grievance arbitration, the arbitrator, a neutral third party selected jointly by the two parties, acts as a judge, interpreting the meaning and intent of the contract. The parties present their cases before the arbitrator, and he or she bases the decision on this presentation. In general, the arbitrator’s decision is final and binding.
Labor and employment practitioners play a pivotal role in implementing a workplace grievance process that responds effectively to grievance claims and complies with labor arbitration law. Download our Matrix for Analyzing and Evaluating a Grievance Claim for a simple organizing tool to help you systematically examine all essential components of a case.
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