1. Contract Administration
Chapter 10
Contract Administration
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2. Grievances: Definition, Sources, and Significance
An employee’s alleged violation of the labor agreement that is submitted to the grievance procedure for resolution.
Employee concerns (“gripes”) that are unrelated to the terms of the labor agreement are not grievances.
Grievances can be filed for any reason; they are accepted or denied by management based on their perceived merit.
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3. Exhibit 10.1 Examples of Incorrect and Correct Grievance Forms
SOURCE: Reprinted with permission from United Steelworkers of America, The Grievance Man’s Handbook, (n.p., n.d.).
© 2008 Cengage Learning. All rights reserved.

4. Written Grievances Advantages of Written Grievances
Provides a written record to guide future actions and saves time in deciding similar grievances.
Reduces emotionalism, permitting rational discussion.
Allows management and labor to focus on the original grievance.
Can discourage employees who are reluctant to sign a written protest.
Reduces the overall number of grievances filed.
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5. Defining a Grievance Therapeutic Approach Legalistic Approach
Grievance versus gripe? Employee’s perception is that he or she has a grievance, whether or not it represents a violation of the terms of the labor agreement.
Legalistic Approach
Employee believes his or her complaint is related to a violation of the labor agreement.
Manager can either refuse grievance or accept grievance without prejudging its merits and later deny the grievance without risking an unfair labor practice charge.
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6. Exhibit 10.2 Potential Subjects for Grievances
Administrative Issues
Use of seniority
Promotion and Transfers
Layoffs/Recall
Work Assignments
Training
Job changes and work restructuring
Safety and health
Discrimination
Economics Issues
Wage rates
Wage increases
Job classifications
Wage incentives
Call-in pay
Overtime assignments
Shift differentials
Merit pay
Lump sum payments
Past practice of benefits
Employee Discipline
Reasonable rules
Fair and thorough investigation
Equal treatment/discrimination
Due process rights denial
Mitigating circumstances
Excessive penalty
Communication of the rules
Abusive behavior
Insubordination
Falsification of company records
Fighting on the job
Workplace violence/threats
Sexual harassment
Absences/tardiness
Use or possession of drugs or /alcohol
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7. Reasons for Employee Grievances
Who Files:
Employees who are younger, more active in the union, and less satisfied with their job, supervisor, and union.
Why They File:
To protest a contractual violation.
To draw attention to a problem in the workplace.
To make the grievant and the union feel important.
To get something for nothing.
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8. Significance of Employee Grievances
Effects of Grievances on Nonunion Firms
Can trigger union organizing drives.
Can cause firms to adopt grievance procedures.
Effects of Grievance on Union Firms
Allows unions to address employee concerns not covered in bargaining or the labor agreement.
Institutionalizes an orderly approach to resolving organizational conflicts while protecting employees from managerial abuse.
Opens upward communications (providing “employee voice”) in the organization.
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9. Step 2: Determine the facts and substantiate them
Exhibit 10.3 Preparation for Grievance Procedure Meetings (and for Arbitration Hearing)
Step 1: Gather evidence
Step 2: Determine the facts and substantiate them
Step 3: Assess the facts for credibility, accuracy, and reliability and consistency
Step 4: Frame your arguments
Steps 5 and 6: Seek coherence, consistency, and credibility
Step 7: Prepare witness scripts
Step 8: Prepare admissibility challenges
SOURCE: Mark I. Lurie, “The 8 Essential Steps in Grievance Processing,” Dispute Resolution Journal 54 (November 1999), pp
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10. Exhibit 10.4 Examples of Information the Union May Request
Accident records
Attendance records
Bargaining notes
Company memos
Contracts
Correspondence
Disciplinary records
Equipment specifications
Job evaluations
Health and safety studies
Inspection records
Insurance policies
Interview notes
Job assignment records
Job descriptions
Videotapes
Material safety data sheets
Names of witnesses
“Notes to file’’
Information details
Payroll records
Performance reviews
Personnel files
Photographs
Reports and studies
Salary records
Security guard records
Seniority lists
Supervisor’s notes
Time study records
Training manuals
SOURCE:
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11. Exhibit 10.5 X
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12. Exhibit 10.5 X
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13. Exhibit 10.5 X
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14. Different Approaches by Grievance Mediators
Transformation or Collaborative Mediation
Directive or Results-Oriented Mediation
Evaluative Mediation
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15. Mediation Approaches Transformation or Collaborative Mediation
The mediator tries to get the parties to discover their own separate and mutual resources and understand the other party’s point of view.
Evaluative Mediation
The mediator offers no specific solution but helps the parties understand the strengths and weaknesses of their position and begin working together again.
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16. Approaches to Mediation (cont’d)
Directive or Results-Oriented Mediation
Goal of the mediator is to reach a specific resolution to the problem.
The mediator meets with both parties, allowing the parties to speak directly only to the mediator.
The parties are allowed to caucus and engage in confidential communications with the mediator.
The mediator meets separately with the parties to move the negotiations towards closure.
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17. The Usefulness of Mediation
Why Isn’t Mediation More Commonly Used?
The vast majority of disputes are resolved and don’t require mediation or arbitration.
Mediation is not a robust process and doesn’t require problem resolution as does arbitration.
Management views mediation as a compromise that weakens their previous positions and that the union will “get something” without risking arbitration.
Mediation isn’t the favored process of professional arbitrators.
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18. Other Forms of Alternative Dispute Resolution (ADR)
Open-Door Policies
Encouraging employees to approach successively higher-level supervisors to solve workplace problems.
Ombudsperson
A person who serves the employee advocate (“go-between”) in resolving personnel problems.
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19. Other Forms of Alternative Dispute Resolution (ADR) (cont’d)
Peer Review Systems
A panel of employees hears both the employee’s and the company’s arguments, and then renders an advisory or binding decision to resolve the matter.
Early Neutral Evaluation
A mutually agreed-upon third party evaluates the merits of the problem and renders a nonbinding advisory opinion on the matter.
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20. Grievance Resolution: Relationships and Flexibility
Codified Relationships
Power Relationships
Grievance Resolution
Empathetic Relationships
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21. Flexible Consideration of Employee Grievances
The Third and One-Half Step
A meeting of management and union representative to discuss and trade grievances.
The package of negotiated grievances are settled “without prejudice”—without setting precedent to either’s party’s position in the future.
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22. The Union’s Duty of Fair Representation
The union, as the exclusive bargaining agent, has a legal duty to fairly represent all union and nonunion members of the bargaining unit alike.
Bargaining unit employees give up their individual right to represent themselves when they elect the union as the exclusive bargaining agent.
Meeting the legal duty requires that unions must consider the interests of all members, take their positions honestly, in good faith, and without hostility or arbitrary discrimination.
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23. Duty of Fair Representation Cases
Jurisdiction
District courts have jurisdiction over breach of fair representation claims.
Employees claiming breach of fair representation have a right to a jury trial if claiming backpay.
Vaca v. Stipes
The burden of proof for breach falls on the employee.
The union does not have to take a grievance to arbitration.
The courts should only consider the union’s obligation, not the merit of the case.
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24. Consider all grievances solely on their merits.
Exhibit 10.7 Seven Golden Rules on the Union’s Duty of Fair Representation
Consider all grievances solely on their merits.
Investigate each grievance promptly and vigorously.
Do not miss time limits.
Keep records.
Keep the grievant informed.
Have a valid reason for any action.
If the grievance lacks merits, drop it.
SOURCE:
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25. Duty of Fair Representation Breaches
Perfunctory Conduct by the Union Making It Liable for Breach of Representation:
Providing inadequate defense of the grievant at an arbitration hearing.
Delaying grievance processing until the time limits in the grievance procedure have expired.
Failing to inform the grievant that the union accepted a different remedy than that asked by the grievant.
Failing to keep members informed about an arbitration award that affects members’ seniority rights.
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26. Duty of Fair Representation: Discharge
Bowen v. United States Postal Service
Supreme Court found the company had wrongfully discharged the employee, ordering reinstatement and back wages.
The Court found the union failed to fairly represent the employee in not pursuing his grievance.
The Court apportioned the back wages due the employee:
The company: wages from termination until the union ceased representation and employee sued the company.
The union: wages from after cessation of representation until reinstatement of the employee.
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27. Exhibit 10.8 Determination of the Union’s and Company’s Proportional Liability
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28. Key Terms Grievance Employee voice Arbitration Mediation
Grievance mediation
Directive or results-oriented mediation
Transformation mediation
Open-door policy
Ombudsperson
Peer review panel
Early neutral evaluation
Codified relationships
Power relationships
Empathetic relationships
Third-and-one-half step
Fair representation obligation
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