Reference no: EM132216359

Employee grievances and grievance administration extend collective bargaining by giving dynamic meaning to the negotiated terms of the labor agreement. A grievance is typically defined as any employee’s concern over a perceived violation of the labor agreement that is submitted to the grievance procedure for resolution. An employee might file a grievance for a variety reasons, such as to protest a contract violation, to draw attention to a problem in the plant, to get something for nothing, or to feel more important. Regardless of the reasons for filing grievances, management must process them through the grievance procedure specified in the labor agreement (legalistic approach). Although no one grievance procedure applies to all labor–management relationships, two important aspects of a typical grievance procedure are inclusion of higher level management and union personnel and, particularly in the private sector, binding arbitration by a third-party neutral. Grievance procedures typically offer an organization two major advantages: conflict institutionalization and open upward communication. However, the grievance procedure as actually carried out involves a variety of behavioral dimensions, including social relationships (codified, power, and emp enacted among the grievance resolving the grievance according to appropriate contractual provisions. The variety of personalities and motives of the participants suggest that a flexible, pragmatic approach in grievance resolution may be best. Grievance mediation, a form of ADR procedure, was discussed and compared to grievance arbitration, another ADR procedure. The advantages of grievance mediation, such as costs, informality, skills development, and others, were explained. However, despite these advantages, grievance mediation remains less frequently used than arbitration. The reasons for its less frequent use and the various approaches used were explained. As a result of its success, mediation is being used successfully by the EEOC to resolve employment discrimination disputes. Other forms of ADR—open-door policies, ombudsperson, peer review systems, and early neutral evaluation—were also presented. Unions have a legal obligation to fairly represent bargaining unit employees in the grievance procedure. Although unions are not legally required to take each grievance to arbitration, they must consider and process grievances in an effective, good faith manner. Legal and financial consequences to the union and the employer can arise when the union violates its duty of fair representation

A thin line differentiates employee grievances and employee complaints. In two paragraphs, please discuss the problems involved in defining a grievance, indicating why a broad definition of employee grievances is both confusing and necessary.