978-1305576209 Chapter 10 Solution Manual

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CHAPTER 10

Contract Administration

Outline

I. Introduction

a. Investigation (collection of facts): Types of evidence

i. Testimonial

ii. Documentary

iii. Physical

iv. Demonstrative

b. Characteristics of an investigation

i. Speed

ii. Thoroughness

iii. Objectivity

II. Grievances: Definition, Sources, and Significance

a. Definition

i. Grievance

ii. Written grievances (Exhibit 10.1)

1. Provides a written record

2. Reduces emotionalism

3. Focused on original grievance

4. Discourages frivolous grievances

5. Reduces total number of grievances filed

iii. Therapeutic approach

iv. Legalistic approach

b. Typical subjects of grievances (Exhibit 10.2)

i. Administrative issues

ii. Economic issues

iii. Employee Discipline

c. Reasons for Employee to file a grievance

i. To protest a contractual violation

ii. To draw attention to a problem in the plant

iii. To make the grievant and union feel important

iv. To get something for nothing

d. Significance of employee grievances

i. Union decertification & union leaders out of office

ii. Conflict institutionalization

iii. Open upward communication

iv. Employee voice

e. Preparation for Grievance Processing (Exhibits 10.3 and 10.4)

i. MLRA—Relevant and useful information

III. Steps in the Grievance Procedure (Exhibit 10.5)

a. First step of grievance procedure

i. Employee with or without union steward discusses the concern with his or her

first-line supervisor

ii. Supervisor answers grievance in writing

b. Second step of grievance procedure

i. The union grievance committee and plant labor relations representative are added

ii. These participants are included because they are aware of administrative

precedent throughout the entire facility

c. Third step of grievance procedure

i. Includes the labor relations manager and other management officials, and the

union’s international union representative

ii. Grievance answer at this level could affect plantwide, even companywide,

operations

iii. Third step provides new union stewards with free training and provides grievant

with union backing of interests

d. Fourth step in grievance procedure-Alternative Dispute Resolution (ADR)

e. Grievance mediation

i. Mediation

ii. Difference between a grievance-arbitration hearing and a grievance mediation

session (Exhibit 10.6)

f. Different Approaches by Grievance Mediators

i. Transformation or collaborative mediation

ii. Evaluative mediation

iii. Directive or results-oriented mediation

iv. Key features of successful mediation

1. Ability of the mediator

2. Motivation of the parties

v. Involves a third party neutral hired by union and management officials

g. Administrative complexities of processing grievances (see the ‘‘Labor Relations in

Action’’ box on page 517)

h. Other forms of Alternative Dispute Resolution (ADR)

i. Open-door policies

ii. Ombudsperson

iii. Peer review systems

iv. Early neutral evaluation

v. Distributive justice

vi. Procedural justice

vii. Interactional justice

viii. Nonunion mediation

ix. Employment arbitration

IV. Grievance Resolution: Relationships and Flexibility

a. Codified relationships

i. AFL-CIO Manual for Shop Stewards

b. Power relationships

i. Intimidation

c. Empathetic relationships where each of the grievance participants is aware of the other’s

situation and is guided by an understanding appreciation

d. Flexible consideration of employee grievances

i. Third and one-half step

ii. Fair representation obligation

V. The Union’s Duty of Fair Representation

i. Obligation in the grievance procedure

ii. Vaca v. Sipes—Supreme Court decisions

iii. Perfunctory conduct

iv. Seven Golden Rules on the Union’s Duty of Fair Representation (Exhibit 10.7)

v. Determination of the Union’s and Company’s proportional Liability (Exhibit

10.8)

Discussion Questions

1. A thin line differentiates employee grievances and employee complaints. Discuss the

problems involved in defining a grievance, indicating why a broad definition of employee

grievances is both confusing and necessary.

Employee “complaints” can pertain to an almost unlimited number of concerns, many of

2. Discuss two reasons grievances might be filed, furnishing examples of these reasons other

than those found in the text.

Grievances can be filed to:

• Draw attention to a problem in the plant which can set the stage for future negotiation

issues. Grievances could be filed whenever the following activities occurred (even though

3. Why does a typical grievance procedure have so many steps when the employee is either

right or wrong and a one- or two-step procedure would save time and money? In your

answer, discuss the various functions, opportunities, and problems each of the grievance

steps can offer.

The purpose of the first step of the grievance procedure is to resolve the grievance as closely

to the source as possible. It is hoped that effective resolution of the grievance at this level

4. Why is it difficult for union and management officials to resolve each grievance on its own

merits?

A grievance is often not an open and shut situation—there are many gray, complex

dimensions. Management ran the risk on the holiday scheduling grievance discussed in this

5. Briefly discuss the broad judicial guidelines concerning unions’ fair representation

obligations to members. Also discuss the reasoning behind these obligations, furnishing

some appropriate examples.

Grievances require the serious attention of both union and management officials. The union

has the legal obligation to “fairly represent” all of the bargaining unit employees (union and

Exploring the Web

Grievance Procedures

1. Grievance Procedures

2. Successful Grievance Mediation

3. Union’s Duty of Fair Representation

rendered nonfunctional when link-associated web sites and pages are updated.

Suggested Readings and Term Paper Topics

1. Is grievance mediation effective? Should it be used instead of grievance arbitration?

Support your position.

Possible references:

Cohen (2003). Relative Satisfaction with ADR: Some Empirical Evidence. Dispute Resolution Journal, 57,

4, 36–41.

Costantino, C., & Merchant, C. S. (1996). Designing conflict management systems: A guide to creating

productive and healthy organizations. San Francisco: Jossey-Bass.

2. You have just been hired as a manager in a department where absenteeism and

horseplay is high and productivity is low. You have been told that the workers are

unionized and often file grievances to embarrass managers who “try to work them too

hard.” The top management is not skilled in dealing with the union and has given the

union a very lenient disciplinary clause. What will you do? Why? What consequences

do you anticipate?

Possible references:

Arthur, J. (1999). The effects of gainsharing on grievance rates and absenteeism over time. Journal of

Labor Research, 20, (1), 133–126.

3. How is attribution theory applicable to each step of the grievance and arbitration

process? What are the implications for labor or management officials? Don’t just

rehash the steps of grievance procedures; provide a thoughtful analysis of the

applications of the arbitration process.

Possible references:

Bemmels, B. (2001). Local union leaders’ satisfaction with grievance procedures. Journal of Labor

Research, 22, 3, 653-67.

Bemmels, B. (1991). Attribution theory and discipline arbitration. Industrial & Labor Relations Review, 44,

4. Using case materials (e.g., Labor Arbitration Reports found in many reference

libraries), review a sample of 20 arbitrators’ decisions in discipline cases in the past 10

years. What criteria do arbitrators use in making their decisions? Have the criteria

changed in the past 10 years?

Possible references:

Berkley, A. E. (June, 1991). Asleep at the wheel: How arbitrators view sleeping on the job. Arbitration

Journal, 46, 48-51.

5. What factors are related to the successful resolution of grievances at early stages of the

grievance procedure (that is, prior to arbitration)?

Possible references:

Chaykowski, R. P., Slotsve, G. A., & Butler, J. S. (1992). A simultaneous analysis of grievance activity and

outcome decisions. Industrial & Labor Relations Review, 45, 724-737.

6. Over half of the major nonunion companies have a formal complaint system. Some

company executives are motivated to set up such systems out of a desire to be fair.

Some company executives see such systems as important tools in union avoidance. Do

such procedures keep unions out? Do workers obtain justice with such complaint

systems?

Possible references:

Cohen (2003). Relative Satisfaction with ADR: Some Empirical Evidence. Dispute Resolution Journal, 57,

4, 36-41.

Ewing, D. W. (1989). Justice on the job: Resolving grievances in the nonunion workplace. Boston: Harvard

7. For workers, what are the likely consequences of filing grievances?

Possible references:

Meyer, D. (2002). Problem creation and resolution in unionized workplaces: a review of the grievance

procedure. Labor Studies Journal, 27, 3, 81-114.

8. Interview a local union steward. Describe his or her typical week. What concerns

occupy most of his or her time? What matters are most important to the steward?

Why?

9. Should a union steward actively process every grievance? Consider the legal and

“political” aspects of being a union steward as you defend your answer. You may wish

to interview a union steward, if possible, to learn more about the competing “political”

groups within unions.

Possible references:

Dastmalchian, A., & Ng, I. (1990). Industrial Relations climate and grievance outcomes. Industrial

Relations, 45, 311 -324.

Duane, M. (1991). To Grieve or Not to Grieve: Why “Reduce It to Writing?” Public Personnel

10. Several researchers have attempted to use demographic and personality variables to

identify people who are likely to file grievances. Have these researchers been

successful? As you critique this stream of research, ponder the following questions:

Why would labor and management care about such findings and how would each use

such data? How might such data be misused? What are the implications of this type of

research?

Possible references:

Allen, R. E., & Keaveny, T. J. (1985). Factors Differentiating Grievants and non-grievants. Human

11. What issues and situational factors cause workers to pursue and/or drop grievances?

Possible references:

Gordon, M. E., & Bowlby, R. L. (1989). Reactance and intentionality attributions as determinants of the intent to file a

grievance. Personnel Psychology, 42, 309-329.

Klaas, B. S. (1989). Determinants of grievance activity and the grievance system’s impact on employee behavior: An

12. What is the “Exit-Voice-Loyalty” debate, and how does it apply to workplace

grievances? What does the research evidence suggest? What recommendations can you

make from the research?

Possible references:

Cappelli, P., & Chauvin, K. (1991). A test of an efficiency model of grievance activity. Industrial & Labor Relations

Review, 45, 3-14.

13. What effect (if any) does the quality of labor-management relations (the labor relations

climate) have on the type and frequency of grievances? What effect (if any) does it have

on how grievances are handled?

Possible references:

Cohen (2003). Relative Satisfaction with ADR: Some Empirical Evidence. Dispute Resolution Journal, 57, 4, 36–41.

Clark, P. F. (1989). Determinants of the quality of union-management relations: An exploratory study of union member

14. What insights does “procedural justice” (procedural fairness) theory have to offer

related to the design and execution of grievance procedures?

Possible references:

Cohen (2003). Relative Satisfaction with ADR: Some Empirical Evidence. Dispute Resolution Journal, 57, 4, 36–41.

Cole, N. D., & Latham, G. P. (1997). Effects of training in procedural justice on perceptions of disciplinary fairness by

15. What differences, if any, are there in men’s and women’s grievance-filing and

grievance-pursuing strategies?

Possible references:

Pringle, R. (July, 1996). Nursing a grievance: Women doctors and nurses. Journal of Gender Studies, 5, (2), 157-169.