1. What is the typical sequence of events involved in the grievance process? Make sure you discuss each one thoroughly.
Within any organizations it is not uncommon to have disagreements amongst the employer and employees. It is typical to have disputes, dissatisfaction, misunderstandings, breach of contract or different interpretations to arise when it comes to specific agreements or requirements amongst the employee and the employees’ organization. When an issue shall arise amongst, the employee is offered the opportunity to a file a grievance. The objective of a grievance is to resolve a complaint or dissatisfaction through a formal process and resolve the issue at the lowest level possible.
The book defines a grievance as a complaint or an expression of dissatisfaction brought by an employee or an employee organization as the initial step toward resolution through a formal procedure (Swanson, 2012, pg. 494). Once an employee has deemed an issue grievable, they then must then follow the proper grievance procedure.
The grievance procedure is a formal process that has been the subject of bilateral negotiations and is detailed in contract (Swanson, 2012, pg. 495). The process is composed of seeking redress of the grievances through progressively higher levels of authority and most often culminates in binding arbitration (Swanson, 2012, pg. 495). When grievances are filed they shall follow a sequence that ensures that every effort shall be made by the parties to secure prompt dispositions of the grievances filed. The text outlines the following steps of sequence when proceeding with the grievance procedure:
Step 1. The member shall first present his/her grievance to his/her immediate supervisor within five days of the occurrence...
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... By the 1990s, a performance budget had regained favor in the federal government (Swanson, 2012, pg. 530). As a result of federal government and state level use of the performance budget, it has continued to evolve and is a mainstay of the budgetary practice. Although the terminology has shifted, the pure form of a performance-based budget is a results-oriented tool designed to relate the amount of various types of work done to the amount of money spent to produce work (Swanson, 2012, pg. 530). Although PBB has shifted away from using cost measures, cost accounting requires a high level of expertise and is expensive. Any PBB cost measures are typically minimal or may not even be present. Today police PBB has performance measures or indicators, which may be modest or more fully developed depending on the jurisdiction (Swanson, 2012, pg. 531).
1. Were Mr. Goebel and other African-American applicants victims of racial discrimination because of the hiring policies of the defendant? Explain your position and cite all relevant case law. If you cannot take a definitive position, explain what specific information you require to be able to take a
complaint and the employee follows the process the organization will be liable even if a
However, Schneider believes in transparence for the employee to express their grievances any day any time through a proposer channel of HR-Team. Matters and issues are resolved within the department itself in case of dissatisfaction on a particular act.
In the EEOC’s Charge Process, John must go to his EEOC’s representative within this company and file a complaint. This is considered the administrative process. Pertinent information must be given about the plaintiff and defendant such as name, address and phone number, the date and a brief description of the charge. Once the charge has been filed the employer is notified that charges have been filed. The charge would be thoroughly investigated. A written description and date of alleged violation is requested again; interviews with people, documents are reviewed; and sometimes the facility is visited which the alleged discrimination occurred. As an alternative the charge may be assigned to the EEOC Mediation Program instead of an investigation, which both parties must consent to. If the mediation is unsuccessful, the charge returns back to investigation. There is a possibility that the charge be dismissed. If this is the case, John will be able to file a lawsuit on his behalf within 90 days.
There are many different subjects besides compensation that can be negotiated. These issues include a fairway to evaluate employee performance, protection for those who file grievances, proper training, opportunity for advancement, holding employers accountable, and safe work conditions among other things.
The Supreme Court established Weingarten Rights in 1975 because of National Labor Relations Board v. J. Weingarten, Inc., which was a supermarket company. Weingarten Rights include the right for employees to have a representative, of their choice, present at meetings that may result in disciplinary action against the employees. In other words, Weingarten Rights guarantee an employee the right to Union representation during an investigatory interview. The Supreme Court ruled that there be three rules in place during an investigatory interview. The rules are as followed:
A due process protocol for mediation and arbitration of statutory employment disputes has a meeting before the Superintendent. The defendant receives legal notice (summons) or documents (process) of a court to enable the person to respond to court or tribunal. The teacher union, such as American Federation of Teacher Union (AFT) require representative receive notification as well attend the meeting. It is often with teacher union protection and tenure, underperforming teachers are hard to terminate. This protocol provides a prompt, inexpensive, and fair enforcement of the dispute (Nolan, 2008). The arbitration agreement should be timely because of conflicting interest with counsel to represent employee rights (Dhanoa & Kleiner, 2000). In addition, discuss fees for counsel especially for lower paid employee. The arbitrator is a neutral person with knowledge and skills to conduct the hearing. Employee should have access to documentation (teacher evaluation) present...
In order for our organization to address arising issues with our employees, these issues must be addressed ...
...handle the problem professionally. All but one of these eight complaints objected that the unfavorable results of their hearings were caused, in part, by the school's inability to report the incident effectively.
What information would you advise Sarah to include in the company’s policy and procedures manual relating to client complaint and dispute resolution as well as guidelines for employee conflict and dispute resolution strategies?
2. If you are the subordinate of Mr. Ebbers, will you comply with Mr. Ebbers? If not, define what you would do to avoid termination. If yes, provide justification. (Complaint 19301)
In the assigned hypothetical scenario, John was dismissed and believes he was discriminated against. By understanding the different types of discrimination and the legal recourse of individuals discriminated against organizations can better prepare them selves to avoid similar situations with their employees.
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.
Unnecessary conflict may be prevented through employee involvement and treating employees in a fair manner. Ethical employment practices, involving employees in decisions, and treating employees as valued organizational members all work towards a positive employer-employee relationship. Unfortunately, however, it sometimes becomes necessary for an outside party to help employers and employees resolve differences through processes such as mediation or arbitration. Taken together, positive engagement strategies and constructive resolution of differences help to develop relationships which support organizational performance and success.
In relation to Misconduct, the employer must conduct an investigation to determine whether there are grounds for disciplinary action or dismissal.