Employee

Grievances


Presented by :
JONNALYN M. SANCHEZ
MAEd in Educational Management

Grievance Procedures

provides a systematic
process for hearing
and evaluating the
complaints of
employees
Grievance Procedures

protects the right of
employees and eliminate
the need for strikes every
time a disagreement
occurs about the labor
contract.


Discipline procedure
provide a systematic process
for handling problem
employees.
its goal is to help employees
perform better; but if they
fail to respond, a procedure
is needed for firing them as
a last resort

Grievance

is a complaint about an
organizational policy,
procedure or managerial
practices or discomfort,
whether it is valid or not (
Paul Salipante and Rene
Brownen)

Grievance

in unionized firms , it refers to any
question by either the employer or
the union regarding the
interpretation of the collective
bargaining agreement or company
personnel policy or any claim by
either party that the other party is in
violation of any provision of the CBA
or company personnel policy

Grievance
in non- unionized firms ,
it defines as any
discontent or sense of
injustice, even criticisms
that are never expressed
by employees


Grievance

referred to in Title VII- A of the Labor Code is a
dispute or controversy between the employer and
the collective bargaining agent arising from the
interpretation or implementation of their CBA and/
or those arising from the interpretation or
enforcement of company personnel policies, for the
adjustment and resolution of which the parties have
agreed to establish a machinery or a series of steps
commencing from the lowest level of decision-
making in the management hierarchy and usually
terminating at the highest official of the company

Causes of Grievances

1. Differing application and
interpretation of the Collective
Bargaining Agreement
Grievance frequently arise due to
unclear contractual language
that creates differing
interpretation, application and
administration of its provision .

Causes of Grievances

2. Perceived unfair treatment of the employee
by the supervisor or ineffective or
inadequate supervisor or ineffective or
inadequate supervision
Grievances usually arise when supervisors
behave dictatorially, when they refuse to
listen to employees complaints, when they
are unfair or inconsistent in disciplinary
actions, when they give inadequate or unclear
instructions, or actions, or when they fail to
keep employee informed.

Causes of Grievances

3. Violation by
management of the
labor of agreement
or violation of the
law

Causes of Grievances

4. Grievances inspired by the Union leaders
Some union stewards are oriented
towards submitting grievances. Even
when he offended employees decides not
to file the grievance , some stewards will
file the grievance in the name of the
union.
Some union representatives solicit
grievances because they want to retain
their position in the union.


Causes of Grievances

5. Lack of clear- -cut company labor
policy
This may cause confusion or
misunderstanding on the part of the
employees especially when there is
no union to protect their interest or
no effective employer- employee
channels of communication exist.

Who Can File a Grievance

Generally, employees
initiate a grievance. Labor
Code of the Philippines
,Article 225 states that an
individual employee or group
of employees shall have the
right or present grievances
to their employer
Who Can File a Grievance

The union, selected or designated
by the majority of the employees
being their exclusive bargaining
representative, generally
recognized as having the right to
initiate, file or present grievance,
either with regard to their rights as
unions under, or with regards to the
rights of employees, whether
collective or individual.

Who Can File a Grievance

Thirdly, while employers do not as
general rule initiate a grievance, it
would be prudent to include in the
CBA granting the employer such
right, especially in cases where the
employer may wish to use the
grievance machinery to resolve a
question over a vague or indefinite
provision of a CBA

Grievance Procedures in Unionized
Firms as Provided in their CBA

1. The employee who has a
grievance or claim shall
submit this to his immediate
supervisor.
2. Submitting the grievance to
the employees union
representative.

Grievance Procedures in Unionized
Firms as Provided in their CBA

3. Appealing the grievance
to the top management
representative with the top
union officials.
4. Submitting the grievance
to arbitration.

To reduce the grievances that are
appealed, supervisors are encouraged to follow
these recommendations:

1. Receive and treat all complaints
seriously and give the employee a full
hearing.

2.Get the fact by handling each case
as though it may eventually result in
arbitration. This can be done by
checking very angle of the
complaint, checking the provision of
the existing CBA, the company
policy, Examining the employees
record.



3. Carefully examine all
the evidence before
making a decision.
Avoid lengthy delays.

4. Follow- up to make sure
the plan of action is
properly carried out by
means of correcting
conditions which could
result in a similar grievance
happening again.

Responsibility of the Union Steward
and Foreman in Handling Grievances

Union stewards and foreman must
see to it that grievances are
presented only when there is real
basis for complaint or there is a
need for a decision. If the stewards
are convinced that the worker does
not have a real case, it is better to
tell him right away.

Responsibility of the Union Steward
and Foreman in Handling Grievances
The foreman or supervisor
on the other hand , should
be trained in the human
relation aspect of their jobs.
They should be ready to
listen first before they start
debating with the
employees.


Arbitration
is a quasi- judicial
process in which the
parties agree to submit
an unresolved dispute
to a neutral third party
for binding settlement.

Voluntary arbitration
represents the final
stage in the dispute
resolution process
Scope of Voluntary Arbitration

1. Unresolved Grievances
arising from CBA .
2. Unresolved grievances
arising from personnel
policy enforcement and
interpretation including
disciplinary cases.


Scope of Voluntary Arbitration
3. Under Article 262 of the
Labor Code, all other labor
disputes including unfair
labor practices and
bargaining deadlocks may
also be submitted to
voluntary arbitration upon
agreement of the parties
Scope of Voluntary Arbitration
4. All unresolved wage distortion
cases as a result of the application
of the wage orders issued by any
Regional Tripartite Wages and
Productivity Board in
establishments where there is
collective bargaining agreement or
recognized labor union.

Scope of Voluntary Arbitration
5. All unresolved disputes,
grievance, or other matters
arising from the interpretation
and implementation of a
productivity incentives program
which remains unresolved
within 20 calendar days from
the time of the submission to
labor management
committees.

Voluntary Arbitrator

defined as any person
accredited by the National
Conciliation and Mediation
Board, or anyone named or
designated in the CBA by the
parties, to act as their
voluntary arbitrator.

Authority of an Arbitrator

1. General Authority to
investigate and hear the
case upon notice of the
parties and to render a
decision based on the
contract and record of the
case.

Authority of an Arbitrator

2. Incidental authority to perform all
acts necessary to an adequate
discharge of his duties and
responsibilities like setting and
conducting of hearing, attendance of
witnesses and proof documents and
other evidences, fact finding and other
modes of discovery, reopening of
hearing, etc.

Authority of an Arbitrator

3. Special power in aid of his
general contractual authority
like the authority to determine
arbitration of any particular
dispute and to modify any
provision of the existing
agreement upon which a
proposed change is submitted
to arbitration.

Processing the Grievance

1. Identification of the issue or issues
involved
2. Developing its factual basis or
background.
3. Determining the contract provisions
involved.
4. Evaluating the merits of the grievance
in the light of the factual background
and applicable rules.
5. Working out a fair and just settlement.


1. Presentation of employee
problem/s to the foreman or
supervisor who is expected to
settle the problem within the
specified period.

Grievance Procedures in Non-
unionized Firms

Grievance Procedures in Non-
unionized Firms

2. If not satisfied, the
employee can elevate the
complaint to the next
higher level to resolve the
grievance.

Grievance Procedures in Non-
unionized Firms

3. The problem or case may be
taken to arbitration for final
decision if no satisfactory
solution has been reached by
the above procedures.

The End!!!