Human Resource Management
Comparison among San Francisco, Las Vegas and New York’s Provisions on Grievance Procedures
A grievance can simply be defined as a concern, complaint or problem related to the working environment. Due to the diversity at the workplace, people have different beliefs, opinions and thoughts about how to approach work and as a result they often have grievances relating to issues that arise from the workplace procedures. The Las Vegas collective bargaining agreement defines a grievance as a dispute or a difference of opinion between the employer and the Union with regard to the meaning, interpretation and application of the provision (agreement). Grievances have a negative impact to the workplace as they affect staff morale, reduce level of trust of employees to their workplace and affect productivity. It is for this reason that any grievances arising from the workplace must be resolved in the most efficient and effective ways to ensure productivity.
The speedy resolution of grievances is usually in the best interests of both the employers and the employees. The timely settlement of office disputes and conflicts builds morale and trust, fosters a healthier communication in the workplace and ensures teamwork in the work environment. It is for this reason that the collective bargaining agreements have been agreed upon and have created grievance procedures that encourage employees to talk to their immediate supervisors whenever they have questions, problems, issues, complaints or disputes. Also the collective bargaining agreements encourage the speedy, quick and fair resolution of grievances at the lowest possible levels. These provisions recognize the importance of training employees and managers on conflict and dispute resolution. The San Francisco, New York and Las Vegas provisions have set up grievance procedures to ensure effective and efficient dispute resolution.
The first step in the provisions relate to reporting of the grievance. The Las Vegas, San Francisco and New York provisions give timelines regarding reporting of the grievance. The Las Vegas provision gives an employee five calendar days to report the grievance to the employer, preferably his or her immediate supervisor. The employee is given the option of including a steward (union representative) during the process of grievance reporting. The immediate supervisor upon receiving the grievance, he or she has five calendar days to respond to the grievance; either with a proposed solution or a communication for a later date to attend to the grievance. On the other hand, the San Francisco provision stipulates that the employee should notify his or her immediate supervisor about the grievance within ten calendar days. The supervisor is given 10 calendar days to respond to the grievance and the response may be a proposed solution of action to be taken. The Las Vegas and San Francisco provisions state that if the proposed solution from the supervisor is agreed upon by both parties, it should be put in writing and signed by the employee, employer and union representative. The San Francisco provision clearly indicates that a human resource representative must sign the agreement agreed upon. In case the immediate supervisor has no immediate solution, the two provisions state that the grievance to be put in writing and forwarded as a formal grievance to the board responsible for grievance resolution which consists of the employees, employer and union representatives. In case the grievance cannot be solved at this stage, the Las Vegas provision requires that the grievance be put in writing and presented to the board responsible for dispute resolution. The New York provision, on the other hand, requires that in the case of a dispute, it should be raised with the labor manager who is appointed and employed by the association. The dispute is expected to be reported within five business days. The labor manager is expected to discuss the grievance with a union representative and try to come up with a resolution. An agreement between the union representative and the labor manager is considered binding and final by the two parties.
The second step of the grievance procedure in the Las Vegas provision involves presenting a formal grievance to the Board of Adjustment. The provision clearly states that the board cannot work on an informal grievance. The board should consist of three representatives from the employer and three representatives from the union. The board is given 20 days to respond to the grievance. The board is charged with the task of analyzing all the relevant facts related to the case in a bid to resolve the grievance. Thereafter the board presents the all facts, in written form, to the employer. During the deliberations, the provisions require all parties to furnish each other with all the relevant facts so as to arrive at an effective solution. The San Francisco agreement, on the other hand, states that in case a solution is not arrived at during the first stage, the designated union representative is required to meet and discuss the grievance with the human resource director or a person designated by him or her. This meeting is required to take place within seven days since the notification from the first step. Consequently, the human resources director is required to respond to the grievance within three days. The New York agreement stipulates that in case a solution is not arrived at during the first stage of the grievance procedure, the grievances should be referred to a permanent umpire (an impartial chairperson) who will be responsible for the resolution of the grievance. The impartial chairperson’s decision is binding and final.
The third step according to the San Francisco agreement states that in case the grievance is not satisfactorily solved in the second stage of the process, the unions is required to file for a written request for a grievance mediation hearing within two days after the decision arrived at at stage two. The written dispute is required to state all the relevant facts related to the grievance such as the dates, persons involved and the solutions that had been sought. The grievance mediation hearing is expected to commence within thirty days after the submission of the written grievance. The agreement states that the grievance mediation team is consisted of two representatives from management, two representatives from the union and a neutral mediator who shall be the chairman. The chairman is required to mediate the dispute in a manner that will lead to settlement between the two factions. The agreement requires that the manager responsible for the dispute should be present at the grievance mediation. Similarly, the Las Vegas agreement requires the formation of a panel to resolve the grievance in cases whereby an agreement cannot be arrived at during the second stage of the grievance procedure. The agreement states that disputes to be handled by this panel include those challenging disciplinary actions or termination of an employee’s contract. The panel, according to the agreement, consists of three members elected by both parties (employee, employer and union). The panel chairperson is expected to be a person who is a member of the National Academy of Arbitrators and must agree to be the chair of the panel for the entire time the panel will last. The panel is expected to analyze the cases and come up with a decision that will satisfy both parties. The decision of the panel is regarded as final and binding by both parties. The New York agreement, on the other hand, requires all disputes to be raised with the impartial chairperson who will give the final decision on the resolution of the dispute. The decision of the permanent umpire (s) is regarded as binding and final by both parties.
The last step in the Las Vegas, San Francisco and New York agreements involve arbitration. The Las Vegas agreement stipulates that in any case an agreement is not arrived at by the board of adjustment, the dispute may be referred to arbitration through a formal written notice. The party that filed for grievance is expected to refer to arbitration within twenty calendar days after the resolution of the board of adjustment. Both the employer and the employee are required to select an arbitrator and is they are unable to select, one will be selected from the Federal Mediation and Conciliation Service (FMCS). The arbitrator should be notified in writing and his or her decision regarding the grievance will be final. Similarly, the San Francisco agreement states that if a decision is not arrived at by the panel, the matter may be referred to arbitration. The parties that may wish to arbitrate are given fifteen calendar days after grievance mediation to notify the other party in writing. The agreement requires the selection of a neutral arbitrator who will arbitrate the matter. The arbitrator is given twenty four hours to issue a decision which will be followed later by a written decision to be issued within seven days since the decision. The decision of the arbitrator is final and binding to both parties. The New York agreement also requires that the grievances be referred to mediation in the cases whereby a permanent umpire is unable to arrive at a conclusive decision. The arbitration must be formal and presented to the other parties within five days after the decision of the impartial chairperson. Similar to the other agreements, the New York agreement also requires the party to select an arbitrator and if they fail to select, an impartial arbitrator will be selected for them by the United States District Court. The decision of the arbitrator is final and binding.
The Las Vegas agreement offers the most efficient and effective means of dispute resolution. First, the agreement states that the employee should report within five days and the supervisor to respond within five days upon receiving the grievance. As compared to the other agreements, the Las Vegas emphasizes on the speedy resolution of the dispute. Shorter reporting and response times mean that the dispute will be resolved within a shorter time. The agreement also requires the constituting of a board of adjustment, consisting of an equal number of parties to the case and a neutral chairman that is responsible for dispute resolution. The agreement also required the formation of a panel that will offer alternative dispute resolution in cases whereby the board is unable to find a settlement. Additionally, the agreement has adequately described the process to be undertaken by the panel during the resolution process. These steps act as a clear guideline on what the panel is required to do in a bid to resolve the dispute.
