Grievance Procedures Law and Legal Definition
Grievance procedures are a means of dispute resolution that can be used by a company to address complaints by employees, suppliers, customers, and/or competitors. A grievance procedure provides a hierarchical structure for presenting and settling workplace disputes. The procedure typically defines the type of grievance it covers, the stages through which the parties proceed in attempting to resolve matters, individuals responsible at each stage, the documentation required, and the time limits by which the grievance must be presented and dealt with at each stage. The best-known application of grievance procedures is as a formal process outlined in labor union contracts.
Grievance procedures do not necessarily have to be so formal and elaborate, and in fact, overly formal grievance procedures often discourage the airing of disputes in a timely manner. In small businesses, the procedures may consist of a few lines in an employee manual or the designation of a single ombudsman to deal with problems as they develop. Peer review of employee concerns is another popular way to address grievances. On the other hand, some larger companies may create an entire department dedicated to fielding complaints from employees or customers.
Whatever form they may take, grievance procedures are intended to allow companies to hear and resolve complaints in a timely and cost-effective manner, before they result in litigation. Knowing that formal procedures are available often encourages employees to raise concerns or question company policies before major problems develop. It also makes managers less likely to ignore problems, because they know that upper management may become involved through the grievance process. In union settings, grievance procedures help protect employees against arbitrary decisions of management regarding discipline, discharge, promotions, or benefits. They also provide labor unions and employers with a formal process for enforcing the provisions of their contracts.
Although having grievance procedures in place is important in both unionized and non-unionized settings, companies must support their written policies with consistent actions if they hope to maintain good employee relations. To make a grievance procedure work, all parties must approach it with the attitude that it serves their mutual interests. Ideally, an effective grievance procedure helps management discover and correct problems within an operation before they cause serious trouble. It can provide a vehicle through which employees can communicate their concerns to upper management.
For grievance procedures to be effective, both parties should view them as a positive force that facilitates the open discussion of issues. In some cases, the settling of grievances becomes a sort of scorecard that reinforces an "us versus them" mentality between labor and management. In other cases, employees are hesitant to use the grievance process out of fear of recrimination. Some studies have shown that employees who raise grievances tend to have lower performance evaluations, promotion rates, and work attendance afterwards. This suggests that some employers may retaliate against employees who raise complaints. It is vital that a company's grievance procedures include steps to prevent a backlash against those who choose to use them.
A TYPICAL GRIEVANCE PROCESS
In a union environment, a typical grievance procedure begins with an employee presenting a problem to his or her immediate supervisor within a certain time period after the offending event has occurred. The supervisor then has a set amount of time to either respond or send the grievance on to be addressed by the head of the department. At this point, a union representative enters the negotiations on behalf of the employee. If the situation is still not resolved, the grievance continues up the chain of command to the plant manager and the president of the local union. If the labor union fails to follow the procedures at any point, the contract usually specifies that it must drop the grievance. Conversely, the company is usually obligated to resolve the grievance in the employee's favor if management fails to follow the procedures outlined in the collective bargaining agreement.
If the situation still cannot be resolved, the final step in the grievance process is for both parties to present their side to a pre-designated arbitrator. The arbitrator's role is to determine the rights of both parties under the labor agreement, and his or her decision is usually final. The labor contract generally specifies the type of arbitrator used, the method of selecting the arbitrator, the scope of the arbitrator's authority, and the arrangements for the arbitrator's payment. A potential intermediate step involves presenting the grievance to a mediator, whose job is to help the parties solve their own differences before they reach the formal arbitration phase. Mediation is usually less time consuming and expensive than arbitration. In addition, the mediator may be able to teach the two parties dispute resolution skills that may be helpful in solving future problems.
SEE ALSO Alternative Dispute Resolution; Labor Unions and Small Business
BIBLIOGRAPHY
Dreyfack, Raymond. "Fight Grievances But Don't Retaliate." Plant Engineering. September 2003.
"Legal Q&A Statutory Grievance Procedures." Personnel Today. 10 January 2006.
Lewin, David, and Richard B. Peterson. "Behavioral Outcomes of Grievance Activity." Industrial Relations. October 1999.
Mathis, Robert L., and John H. Jackson. Human Resource Management. Thomson South-Western, 2005.
Rollinson, Derek J. "Supervisor and Manager Approaches to Handling Discipline and Grievance." Personnel Review. December 2000.
"When is a Grievance Not a Grievance?" Mondaq Business Briefing. 25 January 2006.
Hillstrom, Northern Lights
#x00A0; updated by Magee, ECDI
Legal Definition list
Related Legal Terms
- Administrative Grievance
- Alternative Dispute Resolution Procedures (Family Law)
- Competitive Procedures
- Complaint-Information Procedures
- Complaint-Recourse Procedures
- Criminal Law and Procedures Motions
- Electronic Surveillance Minimization Procedures
- Employee Registration Procedures
- Energy Conservation Maintenance and Operating Procedures
- Federal Rules of Appellate Procedures (FRAP)
