Employees Grievances Handling

Methods of communicating with employees

Formal letters or memoranda Notice boards In-house newspapers/journals Special publications/reports In-house videos & television technology Electronic mail Briefing groups Committees Diverse face-to-face methods Diverse written communication methods Special surveys Mass media communication

Grievance Management
Complaint
Indication of employee dissatisfaction

Grievance
A complaint formally stated in writing

Grievance Procedures
Formal channels used to resolve grievances. Union representation (Weingarten) rights

Grievance Arbitration
Means by which a third party settles disputes arising from different interpretations of a labor contract.

CODE OF DISCIPLINE
To ensure that employers and employees recognize each other rights and obligation To promote constructive co-operation To secure settlement of disputes and grievances by negotiation conciliation (reunion) and voluntary arbitration(mediation) To eliminate all forms of coercion(pushing), intimidation (threats)and violence in work premises To maintain discipline in industry

Communication barriers
Differences in frames of reference Contextual problems Deliberate creation of obstacles Incompetent communicators

Grievance handling
The process whereby management formally deals with the officially presented complaint(s) of workers relating to the employment relationship Grievance is employees dissatisfaction for feeling of personal injustice. Grievance is generally well defined in a collective bargaining agreement. Restricted to violation of terms and condition of employment. Other are violation of law, company rules, change in past company practices and health or safety standards

Principles of grievance handling

Management must acknowledge the fact that workers may from time to time be dissatisfied with aspects related to the employment relationship Management must accept the responsibility for addressing and settling all legitimate employee grievances in a fair manner It is best to solve grievances as promptly and as close as practically possible to the point of origin All employees who have grievances must enjoy guaranteed protection against any form of discrimination, victimisation or prejudice

Principles of grievance handling (continue)

Management must accept the fundamental right of workers to make use of the help of representatives in the process of airing and handling grievances Management is responsible for the smooth operation of the organisation the grievance procedure should not disrupt it A number of time-specified and progressive procedural steps should be spelled out and followed The right of employees to pursue channels of dispute resolution beyond the organisation in cases where grievances cannot be solved through the grievance procedure must be recognised

The Grievance Procedure (Complete) Mediation, arbitration, judicial settlement, strike

Plant level disputes procedure Statutory disputes procedure Dispute procedure ends Grievance procedure ends
Unresolved

Union or workers committee

Grievance form & reports to Factory Manager Grievance enquiry Grievance and reports submitted to Production Manager Formal written grievance report (supervisor or foreman) Verbal complaint to immediate supervisor
Employee dissatisfied

Top management (Division Manager) investigates and discusses

Unresolved Unresolved

HR Department

Employee representative

Unresolved Unresolved Unresolved

Disciplining employees
Disciplinary code Disciplinary process & procedure
Right to be told of the nature of the offence/misconduct with relevant particulars of the charge Right to a timeous hearing Right to be given adequate notice prior to the enquiry Right to representation Right to call witnesses Right to an interpreter Right to a finding Right to have previous service considered Right to be advised of the penalty imposed

Steps in a Typical Grievance Procedure

Disciplinary Procedure
Employee commits 1st minor offence Employee commits 2nd minor offence or 1st more serious offence Employee commits 3rd minor offence or 2nd more serious offence or 1st major offence Employee commits same offence for which final warning had been given, or very serious offence for the 1st time Employment relationship terminated Right to appeal Immediate supervisor issues verbal reprimand

Disciplinary procedure
Employee commits 1st minor offence Employee commits 2nd minor offence or 1st more serious offence Employee commits 3rd minor offence or 2nd more serious offence or 1st major offence Employee commits same offence for which final warning had been given, or very serious offence for the 1st time Employment relationship terminated Right to appeal Immediate supervisor issues written warning Employee represented by coemployee (worker representative)

Disciplinary procedure
Employee commits 1st minor offence Employee commits 2nd minor offence or 1st more serious offence Employee commits 3rd minor offence or 2nd more serious offence or 1st major offence Employee commits same offence for which final warning had been given, or very serious offence for the 1st time Employment relationship terminated Right to appeal Immediate supervisor lays charge, and independent, more senior manager conducts disciplinary enquiry If found guilty decide on penalty (eg final written warning)

Employee represented by coemployee (worker representative)

Disciplinary procedure
Employee commits 1st minor offence Employee commits 2nd minor offence or 1st more serious offence Employee commits 3rd minor offence or 2nd more serious offence or 1st major offence Employee commits same offence for which final warning had been given, or very serious offence for the 1st time Employment relationship terminated Right to appeal Immediate supervisor lays charge. Independent disciplinary enquiry. If found guilty decide on appropriate disciplinary action (eg dismissal)

Employee represented by coemployee (worker representative)

Grievance Management
Complaint
Indication of employee dissatisfaction

Grievance
A complaint formally stated in writing

Grievance Procedures
Formal channels used to resolve grievances. Union representation (Weingarten) rights

Grievance Arbitration
Means by which a third party settles disputes arising from different interpretations of a labor contract.

Factors Leading to Employee Unionization

The Bargaining Process

Preparation and Initial Demands

Bargaining Impasse
Conciliation Mediation Arbitration

Continuing Negotiations in Good Faith Strikes and Lockouts Settlement and Contract Agreement Ratification

Collective bargaining
Collective bargaining is the method whereby workers organize together (usually in unions) to meet, converse, and negotiate upon the work conditions with their employers normally resulting in a written contract setting forth the wages, hours, and other conditions to be observed for a stipulated period. It is the practice in which union and company representatives meet to negotiate a new labor contract. In various national labor and employment law contexts, the term collective bargaining takes on a more specific legal meaning. In a broad sense, however, it is the coming together of workers to negotiate their employment.

A Collective agreement
A collective agreement is a labor contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and employers (represented by management, in some countries by employers' organization) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions and grievanceprocedures, and about the rights and responsibilities of trade unions. The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA).

Collective agreement
Any written agreement Regarding conditions and terms of employment Or any other matter of mutual interest Concluded by one or more registered trade unions and one or more employers/employers organisations on the other

Shop stewards
Union Steward (Shop Steward) is the title of an official position within the organizational hierarchy of a labor union. Its uniqueness lies in the fact that rank-and-file members of the union hold this position voluntarily (through democratic election by fellow workers or sometimes by appointment of a higher union body) while maintaining their role as an employee of the firm. As a result, the Union Steward becomes a significant link and conduit of information between

Functions of shop stewards

Assist and represent workers in grievance and disciplinary proceedings Monitor the employers compliance with the provisions of the LRA Report any contraventions of workplace-related provisions of the LRA to the employer, to the union, or to the responsible authorities (Department of Labour)

Types of collective agreements

Closed shop agreement A closed shop is a form of union security agreement under which the employer agrees to only hire union members, and employees must remain members of the union at all times in order to remain employed. Open shop agreement An open shop is a place of employment at which one is not required to join or financially support a union as a condition of hiring or continued employment. Open shop is also known as merit shop.

Agency Shop Agreement An agency shop agreement is a a type of collective agreementthatrequires employers to deduct an agreed agency fee from the wages of workers who are not members of the trade union. The aim of an agency shop is to ensure that nonunion workers, who nevertheless benefit from the unions bargaining efforts, make a contribution towards those efforts.

Negotiation
A process of interaction between two or more parties in a situation in which the parties believe they have to be jointly involved so that the resultant agreement can be balanced and acceptable to all parties concerned

Negotiation
Distributive negotiation (win-lose)
Pre-negotiation phase Interactive phase Post-negotiation phase

Integrative negotiation (win-win)

Interest bargaining Target specific bargaining

Phases of distributive negotiation

PRENEGOTIATION PHASE Planning, preparation and organisation INTERACTIVE PHASE Execution of negotiation strategies and tactics, and utilisation of structures in order to achieve objectives POSTNEGOTIATION PHASE Agreements are concluded and the maintenance of relations and the administration of agreement follows

Arbitration
Is a procedure in which neutral third party studies the dispute listens to both the parties and collects information, and makes recommendations which are binding on both the parties Effective means of resolving disputes as parties establish themselves and decision is acceptable Relatively expeditious when compared to courts and tribunals. Expensive and expenditures need to be shared by labor and management Section 10-A Industrial Dispute act provides that workman and employer by written agreement give the dispute to arbitration at any point of time.

Conciliation
Conciliation is a process by which representative of workers and employer are brought together before a third party with a view to persuading them to arrive at an agreement by mutual discussion between them. Industrial dispute Act Section-4 of act states the appropriate government shall appoint such number of persons as it thinks fit as conciliation officers whose duty is to mediate or promote the settlement.

Adjudication
Adjudication means a mandatory settlement of and industrial dispute by labor court or a tribunal the verdict is binding on both the parties Government refers a dispute for adjudication depending on the conciliation proceedings (Section -10 of industrial dispute act 1947) with due recommendation of Conciliation officer.

Establishment of a workplace forum Application

Meeting (all trade unions) Collective agreement Constitution Established by statute Disputes Representative + workplace Determination
The Commission for Conciliation, Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of the Labour Relations Act, 66 of 1995 (LRA). It is an independent body, does not belong to and is not controlled by any political

By agreement

Determied by the CCMA

Appointment of election officer Election

party, trade union or business.

Remedial Efforts-Workplace forums

Meetings
Employer & workplace forum Workplace forum & employees Employer & employees

Consultation Joint decision making Disclosure of information Appointment of full-time members Dissolution of a workplace forum

INDUSTRIAL RELATIONS CENTRAL INDUSTRIAL RELATIONS MACHINERY (CIRM)

FUNCTIONS OF CIRM Prevention and settlement of Industrial Disputes, in the Central Sphere; Enforcement of Labour Laws and Rules made there under in the Central Sphere; Implementation of awards. Quasi-Judicial functions. Verification of the membership of the Trade Unions. Welfare. Other Miscellaneous functions.

PREVENTION AND SETTLEMENT OF INDUSTRIAL DISPUTES

The CIRM ensures harmonious industrial relations in the Central Sphere establishments through: Monitoring of industrial relations in the Central Sphere. Intervention, mediation and conciliation in industrial disputes in order to bring about settlement of disputes. Intervention in situations of threatened strikes and lockouts with a view to avert the strikes and lockouts. Implementation of settlements and awards.

Enforcement of other provisions in the Industrial Disputes Act, 1947 relating to: (1) Works Committee, (2) Recovery of Dues, (3) Lay off, (4) Retrenchment, (5) Unfair Labour Practices, etc. During the year 2007-08 the CIRM intervened in 436 threatened strikes and its conciliatory efforts succeeded in averting 420 strikes, which represent a success rate of 97%.The Industrial Disputes handled by the machinery during the year 20072008 are given as under

 Another important function of CIRM is the enforcement of Labour Laws in the establishments for which the Central Government is the Appropriate Government. The machinery enforces following Labour Laws and Rules framed there under: -

ENFORCEMENT OF LABOUR LAWS:

Consultative Machinery
In plant, industry, state and national level. Works committees and joint management committee at plant level (Ind. Dis.Act 1947) Joint management councils as per Industrial Policy Resolution 1956. Industry level there are Wage board and industrial committees Labor advisory boards at State Level Indian labor conference and standing labour committee at National level.

Thank you