The document discusses the grievance process. It begins by explaining why grievance processes are important and outlining related laws and enforcement agencies. The purpose of a grievance process is to provide an orderly system to evaluate complaints and interpret existing rules to determine if actions were fair and legal. Grievance procedures can vary in formality and number of steps. Unions typically establish grievance processes with employers through collective bargaining agreements. The document provides guidelines for properly handling grievances and outlines potential penalties for noncompliance.

1. The GrievancesThe Grievances
ProcessProcess
Richard FajardoRichard Fajardo
ORGD 632ORGD 632
10 November 200910 November 2009

2. AgendaAgenda
 Why I chose this topicWhy I chose this topic
 Related LawsRelated Laws
 Enforcement AgencyEnforcement Agency
 PurposePurpose
 ProcedureProcedure
 Underlying IssuesUnderlying Issues
 Organizations/Employees InvolvedOrganizations/Employees Involved
 Reports and FormsReports and Forms
 Penalties for NoncompliancePenalties for Noncompliance
 Recent CaseRecent Case
 Current IssuesCurrent Issues
 GuidelinesGuidelines
 ““Do’s”Do’s”
 ““Don’t’s”Don’t’s”
 Closing ThoughtsClosing Thoughts

3. Why I chose this topicWhy I chose this topic
 Summer HR internship for Wood CountySummer HR internship for Wood County
agencyagency
 Union presenceUnion presence
 Current organizational changeCurrent organizational change
 Disciplinary actions due to conductDisciplinary actions due to conduct
 SuspensionsSuspensions
 Recommendations for termination/resignationRecommendations for termination/resignation

4. Related LawsRelated Laws
 Can tie in with EEOCCan tie in with EEOC
 Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964
 MD 110 – Appendices C and DMD 110 – Appendices C and D
 State legislation variesState legislation varies
 Examples:Examples:
 California: Fair Employment and Housing Act (FEHA), 1959California: Fair Employment and Housing Act (FEHA), 1959
 All employeesAll employees
 West Virginia: State Code Section 29-6AWest Virginia: State Code Section 29-6A
 Public higher education employeesPublic higher education employees
 Colorado: Board Rules 8-5, 8-6, and 8-7Colorado: Board Rules 8-5, 8-6, and 8-7
 State employeesState employees

5. Enforcement AgencyEnforcement Agency
 EmployersEmployers
 Private/Public (non-government)Private/Public (non-government)
 GovernmentGovernment
 UnionsUnions
 Ex. Wood Haven Health Care: ServiceEx. Wood Haven Health Care: Service
Employees International Union (SEIU)Employees International Union (SEIU)
 Arbitrator(s)Arbitrator(s)
 Again: federal and state legislation variesAgain: federal and state legislation varies

6. PurposePurpose
 Orderly systemOrderly system
 Evaluate complaintsEvaluate complaints
 Interpretation of existing laws, rulesInterpretation of existing laws, rules
 Determine if fair, legalDetermine if fair, legal

7. ProcedureProcedure
 The grievance process varies across allThe grievance process varies across all
companies and organizationscompanies and organizations
 Can be more formal or also haveCan be more formal or also have
informal conceptsinformal concepts
 Can be as simple as 2 steps and asCan be as simple as 2 steps and as
complicated as 6 or more stepscomplicated as 6 or more steps

8. Underlying IssuesUnderlying Issues
 Whether intended or not, reflectsWhether intended or not, reflects
organizational cultureorganizational culture
 Clarity can go a long way towards creatingClarity can go a long way towards creating
congruence between employee and employercongruence between employee and employer
expectationsexpectations
 ““A grievance is often a symptom of anA grievance is often a symptom of an
underlying problem.” (Dessler)underlying problem.” (Dessler)
 ““The best way to handle a grievance is toThe best way to handle a grievance is to
develop a work environment in whichdevelop a work environment in which
grievances don’t occur in the first place.”grievances don’t occur in the first place.”
(Dessler)(Dessler)

9. Organizations/EmployeOrganizations/Employe
es Involvedes Involved
 Technically, any organization can have aTechnically, any organization can have a
grievance process.grievance process.
 As such, any and all employees can beAs such, any and all employees can be
covered by this.covered by this.
 Unionized workforces establishUnionized workforces establish
grievance processes with employersgrievance processes with employers
through their collective bargainingthrough their collective bargaining
agreementsagreements

10. Reports and FormsReports and Forms
 Varies with each placeVaries with each place
 Example Grievance forms (please clickExample Grievance forms (please click
the hyperlinks attached)the hyperlinks attached)
 Department of Environmental Protection (FloridaDepartment of Environmental Protection (Florida
 Dixie State College of UtahDixie State College of Utah

11. Penalties forPenalties for
NoncomplianceNoncompliance
 EmployeeEmployee
 Termination of filed complaintTermination of filed complaint
 EmployerEmployer
 Case-by-case basisCase-by-case basis
 ArbitrationArbitration
 LawsuitsLawsuits

12. Recent CaseRecent Case
 Teamsters Local Union No. 89 v. Kroger Co. (2008)Teamsters Local Union No. 89 v. Kroger Co. (2008)
 Case No. 3:07CV-351-RCase No. 3:07CV-351-R
 United States District Court for the Western District ofUnited States District Court for the Western District of
Kentucky, Louisville DivisionKentucky, Louisville Division
 Multiple disputes involved Local 89, Kroger, and TranserviceMultiple disputes involved Local 89, Kroger, and Transervice
 Transfer of operations of Kentucky Distribution Center (KDC) toTransfer of operations of Kentucky Distribution Center (KDC) to
Transervice Logistics, Inc. and Zenith LogisticsTranservice Logistics, Inc. and Zenith Logistics
 Letter of Understanding sent by Kroger to Local 89Letter of Understanding sent by Kroger to Local 89
 Did Kroger violate terms of its Kroger Master Agreement collectiveDid Kroger violate terms of its Kroger Master Agreement collective
bargaining agreement with Local 89?bargaining agreement with Local 89?
 Kroger filed for dismissal of initial complaint, so Local 89 filedKroger filed for dismissal of initial complaint, so Local 89 filed
revised complaintrevised complaint
 Kroger’s second motion for dismissal was deniedKroger’s second motion for dismissal was denied

13. Current issuesCurrent issues
 Decrease in union membership and useDecrease in union membership and use
of unionsof unions
 Employment at-willEmployment at-will
 Threat of lawsuitsThreat of lawsuits
 Ever-changing lawsEver-changing laws

14. Guidelines: “Do’s”Guidelines: “Do’s”
1.1. Investigate and handle each case as though it mayInvestigate and handle each case as though it may
eventually result in arbitration.eventually result in arbitration.
2.2. Talk with the employee about his or her grievance;Talk with the employee about his or her grievance;
give the person a full hearing.give the person a full hearing.
3.3. Require the union to identify specific contractualRequire the union to identify specific contractual
provisions allegedly violated.provisions allegedly violated.
4.4. Comply with the contractual time limits for handlingComply with the contractual time limits for handling
the grievance.the grievance.
5.5. Visit the work area of the grievance.Visit the work area of the grievance.
6.6. Determine whether there were any witnesses.Determine whether there were any witnesses.

15. Guidelines: “Do’s”Guidelines: “Do’s”
7.7. Examine the grievant’s personnel record.Examine the grievant’s personnel record.
8.8. Fully examine prior grievance records.Fully examine prior grievance records.
9.9. Treat the union representative as your equal.Treat the union representative as your equal.
10.10. Hold your grievance discussions privately.Hold your grievance discussions privately.
11.11. Fully inform your own supervisor of grievanceFully inform your own supervisor of grievance
matters.matters.

16. Guidelines: “Don’t’s”Guidelines: “Don’t’s”
1.1. Do not discuss the case with the union steward aloneDo not discuss the case with the union steward alone
—the grievant should be there.—the grievant should be there.
2.2. Do not make arrangements with individualDo not make arrangements with individual
employees that are inconsistent with the laboremployees that are inconsistent with the labor
agreement.agreement.
3.3. Do not hold back the remedy if the company isDo not hold back the remedy if the company is
wrong.wrong.
4.4. Do not admit to the binding effect of a past practice.Do not admit to the binding effect of a past practice.
5.5. Do not relinquish to the union your rights as aDo not relinquish to the union your rights as a
manager.manager.
6.6. Do not settle grievances based on what is “fair.”Do not settle grievances based on what is “fair.”
Instead, stick to the labor agreement.Instead, stick to the labor agreement.

17. Guidelines: “Don’t’s”Guidelines: “Don’t’s”
7.7. Do not bargain over items not covered by theDo not bargain over items not covered by the
contract.contract.
8.8. Do not treat as subject to arbitration claimsDo not treat as subject to arbitration claims
demanding the discipline or discharge of managers.demanding the discipline or discharge of managers.
9.9. Do not give long written grievance answers.Do not give long written grievance answers.
10.10. Do not trade a grievance settlement for a grievanceDo not trade a grievance settlement for a grievance
withdrawal.withdrawal.
11.11. Do not deny grievances because “your hands haveDo not deny grievances because “your hands have
been tied by management.”been tied by management.”
12.12. Do not agree to informal amendments in the contract.Do not agree to informal amendments in the contract.

18. Closing ThoughtsClosing Thoughts
 The grievance process is a current and relevant HR issue.The grievance process is a current and relevant HR issue.
 The ability to file a complaint is linked to existing laws as well asThe ability to file a complaint is linked to existing laws as well as
employer rules and/or union collective bargaining agreements.employer rules and/or union collective bargaining agreements.
 Multiple parties can be involved, especially when arbitration isMultiple parties can be involved, especially when arbitration is
needed to resolve the situation.needed to resolve the situation.
 While the purpose of fairness is clear, both the procedure to file aWhile the purpose of fairness is clear, both the procedure to file a
grievance and the causes of filing can be unclear.grievance and the causes of filing can be unclear.
 The grievance process needs to be adhered to; if changes areThe grievance process needs to be adhered to; if changes are
desired in a union environment, these changes need to be madedesired in a union environment, these changes need to be made
during the collective bargaining agreement negotiations.during the collective bargaining agreement negotiations.
 Clarity, adherence, and open communication can help maintain aClarity, adherence, and open communication can help maintain a
steady working environment.steady working environment.

19. ReferencesReferences
 Dessler, Gary.Dessler, Gary. Human Resource Management.Human Resource Management. (11th ed.) New Delhi, India: PHI(11th ed.) New Delhi, India: PHI
Learning Private Limited, 2009. (Original print by Prentice-Hall, Inc., 2008.)Learning Private Limited, 2009. (Original print by Prentice-Hall, Inc., 2008.)
 Gundry, Lisa and Steven Briggs. “The Cultural Context of a Grievance Process:Gundry, Lisa and Steven Briggs. “The Cultural Context of a Grievance Process:
Employee Values and Expectations in Dispute Resolution.”Employee Values and Expectations in Dispute Resolution.” Journal of Business &Journal of Business &
Psychology.Psychology. Vol. 8, Issue 1. Fall 1993. 129-140.Vol. 8, Issue 1. Fall 1993. 129-140.
 http://www.businessmanagementdaily.com/articles/7659/1/Employees-dont-have-to-usehttp://www.businessmanagementdaily.com/articles/7659/1/Employees-dont-have-to-use
 http://www.colorado.gov/dpa/spb/geninfo.htmhttp://www.colorado.gov/dpa/spb/geninfo.htm
 http://www.dep.state.fl.us/admin/forms/Personnel_Forms/DEP_54-101.dochttp://www.dep.state.fl.us/admin/forms/Personnel_Forms/DEP_54-101.doc
 http://www.dfeh.ca.gov/DFEH/CivilRightsYear/50thbrochurecolorFINAL.pdfhttp://www.dfeh.ca.gov/DFEH/CivilRightsYear/50thbrochurecolorFINAL.pdf
 http://http://www.dixie.edu/humanres/griev.pdfwww.dixie.edu/humanres/griev.pdf
 http://http://www.eeoc.govwww.eeoc.gov
 http://www.marshall.edu/human-resources/emprel/stat-griev-1.asphttp://www.marshall.edu/human-resources/emprel/stat-griev-1.asp
 http://http://www.opm.gov/flsa/how.aspwww.opm.gov/flsa/how.asp
 Teamsters Local Union No. 89 v. Kroger Co.Counsel: Source:2008, CASE NO:Teamsters Local Union No. 89 v. Kroger Co.Counsel: Source:2008, CASE NO:
3:07CV-351-R, LEXIS 29934, UNITED STATES DISTRICT COURT FOR THE3:07CV-351-R, LEXIS 29934, UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF KENTUCKY, LOUISVILLE DIVISIONWESTERN DISTRICT OF KENTUCKY, LOUISVILLE DIVISION

20. Thank you!Thank you!
Best of luck with the rest of
the semester!