Professional Documents
Culture Documents
Grievance 34356
Grievance 34356
Causes:
There are certainly some of the causes that can lead to Grievances. Some of them are listed below:
( I ) Economic
Wage fixation. Overtime. Incentive.
( II ) Work Environment Poor physical condition of workplace like unsafe working condition, illumination, poor ventilation and unsafe equipments. Stringent production norms.
( III ) Supervision
Relates to the attitude of the supervisor towards the employee such as perceived notions of bias, favoritism, regional feelings etc.
Allowances.
Increments. Defective tools and equipment. Poor quality of material. Unfair practices. ( IV ) Work Group Employee is unable to adjust with his colleagues.
Nature of Job.
Poor quality raw material, tools, equipments.etc.
Causes:
( V ) Miscellaneous Issues relating to certain violations in respect of promotions, Continuity of service. Transfer Disciplinary rules Fines Granting leaves Over stay after the expiry of leaves Medical facilities Favoritism
after the date which the affected employee(s) could reasonably been made aware of the issue
giving rise to the dispute or complaint." "If not resolved by the immediate supervisor within three (3) working days, the employee(s) may submit a formal grievance, in writing, to Step 1 no later than three (3) working days."
STEP1: A written grievance may be submitted by the grievant to the immediate supervisor, as set forth above. The employee may request a union representative accompany him/her to the discussion, which will be held as soon as practicable, but not more than three (3) working days
after the submission of the grievance. The supervisor shall provide a written answer to the
employee within three (3) working days after the meeting. If the issue is not resolved, the employee(s) and/or Union may appeal to Step 2, within three (3) working days.
STEP 2: A meeting between the employee, union representative, the Department head and the supervisor shall be held upon receipt of the appeal, or within three (3) working days thereof. The Department Head shall provide a written response to the union representative within three (3) working days of the meeting. If no settlement is reached, to be timely, the union must appeal to
ARBITRATION:
Each party shall submit a list of five (5) names to the other. From the Ten (10) names presented, one (1) should be selected as the impartial arbitrator. If no one is acceptable, the union shall submit three (3) names; the company shall submit two (2) names resulting in a list of five (5) names. (In
subsequent cases, the arrangement will be reversed.) The party submitting the most names will be the
first to eliminate one name, the other party will follow and the sequence will continue until only one name is left.
The parties agree that the sole remaining name shall be the arbitrator for this case only. The parties
further agree that the decision rendered will be final and binding on all parties, i.e. Management,
Union, grievant and employees.
Post hearing briefs will not be filed unless requested by the arbitrator, or at the request of either party. The arbitrators decision may be oral or written. If written, it shall be delivered to the parties simultaneously no later than thirty (30) working days.
The Statutory Provisions for the Grievance Handling Procedure under the Industrial Employment (Standing Orders) Act, 1946. The provisions are under: Cl 28) (1) Any workman desirous of the redress of a Grievance arising out of his employment or relating to unfair treatment or wrongful exaction on the part of a superior shall either himself or through a trade union of which he is a member, submit a complaint to the manager in his behalf.
(2) The Manager or any such officer shall personally investigate the complaint at such times & places as he may fix. The workman and(i) any other workman of his choice, or ii) (ii) where the complaint is made through a trade union a member of the union shall have the right to be present at such investigation. Where the complainant alleges unfair treatment or wrongful exaction on the part of a superior, a copy of the order finally made by the Manager shall be supplied to the complainant if he asks for one. In other cases the decision of the investigating officer & the action, if any taken thereon by the Manager shall be intimidated to the complainant: Provided that complaints relating to assault or abuse by any persons holding a supervisory position or refusal of an application for urgent leave shall be enquired into immediately by the Manager or such other officers as he may appoint. Cl 29. The decision of the Manager upon any Question arising out of, or in connection with, or incidental to these Standing Orders shall be subject to an appeal to the proprietor except where the Manager is himself the proprietor.
1.
RECORDS
Personnel File: It may contain the personal details of the employee that can prove vital while investigation.
Performance Records: Past performances of the employee, from the date of his joining the organisation (whether he was found skilled & up to mark in his work profile)
Grievance Records:
Whether he has had any grievance regarding any issue, and if yes, how did it affect his performance?
Medical Records:
This is really vital, as it indicates your physical abilities to perform the assigned work.
2. SPECIAL REPORTS
Supervisory Report:
This includes the feedback from the supervisor regarding the overall personality trait of
the employee. As the supervisor really knows the grievant well, this report is crucial in
investigatory purposes.
Medical Reports:
This determines the employees competency to perform the assigned job.
3. INTERVIEWS:
Management
The management on interrogation can certainly determine some crucial facts that may help in the investigation
Union
ThThe more you interact with a person, the more you know him better. This is obvious especially among peers. So union members definitely get to know each other well, which is very important in grievance handling cases.
4. PHYSICAL EVIDENCE
PROOF
Evidence is used to establish proof of a fact in the mind of the arbitrator. The degree of proof required depends on the nature of the case and must simply satisfy the arbitrator.
BURDEN OF PROOF
One party has the obligation to establish through evidence the issue to be proven.
The burden of proof depends on the nature of the case. Generally, in nondisciplinary hearings, the grieving party, which is usually the union, bears the initial burden. In disciplinary cases, it is usually the employer who has the burden of proving just cause. The burden of proof may also shift. In arbitration, the
PREPARATION OF THE WITNESSES ENCOURAGE THE WITNESS TO: 1. 2. Tell the truth. Listen very carefully to the questions that are asked and to answer only the question asked in the most direct and simplest way possible. 3. 4. Ask for the question to be explained or restated if he or she does not understand the question. Answer only "Yes" or "No" in response to questions from opposing counsel on cross-examination.
5.
Maintain a calm and dignified position while testifying so as to enhance his or her credibility.
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