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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
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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.
