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Assignment on

GRIEVANCE HANDLING

Submitted to DR. SHAHDAT HOSSAIN Course teacher Course code: HRM 602 Course title: Industrial Relations Stamford University Bangladesh

Submitted by NAYMA SHARMIN ID: MBA 039 10937 Batch: 39th

STAMFORD UNIVERSITY BANGLADESH


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INTRODUCTION

Every employee has certain expectation, which he thinks must be fulfill by the organization he is working for. When the organization fails to do this, he develop a feeling of disconnect or dissatisfaction. When an employee feels that some things are unfair in the organization, he is said to have a grievance. Basically Distortion is the root of grievance.

To analyze watchfully some noticeable features emerge clearly. These are A grievance refers to any form of disconnect or dissatisfaction with any aspect of the organization. The dissatisfaction must arise out of employment and not due to personal or family problem. Disconnect can arise out of real or imaginary reasons. When the employee feels that injustice has been done to him, he has a grievance. The reason is such feelings may be valid or invalid, legitimate or irrational, justifiable or ridiculous. The discontent may be voiced or unvoiced. But it must find expression in some form; however, discontent parse is not a grievance. The employee may complain orally or writing. If this is not looked into promptly, the employee feels a sense of lack of justice. Now the discontent grows and takes the shape of a grievance. Broadly speaking, thus, a grievance is traceable to perceived non-fulfillment of ones expectation from the organization.

A grievance is any dispute or difference arising between any employee and management or between the union and management. Most collective bargaining agreements define, in general, what the parties have agreed to consider being a grievance. Unions usually prefer a broad definition that recognizes any dispute, while management prefers to limit grievances to the meaning or application of a particular clause. The primary function of the definition is to outline the parameters of what types of disputes may be grieved.

Forms of Grievances:
A grievance may take any one of the following forms: Factual, Imaginary, Disguised. Factual: A factual grievance arises when legitimate needs of employees remain unfulfilled, e.g., wage hike has been agreed but not implemented citing various reasons. Imaginary: When an employees dissatisfaction is not because of any valid reason but because of a wrong perception, wrong attitude or wrong information he has. Such a situation may create an imaginary grievance. Though management is not at fault in such instances, still it has to clear the fog immediately. Disguised: An employee may have dissatisfaction for reasons that are unknown to him. If he/she is under pressure from family, friends, relatives, neighbors, he/she may reach the work spot with a heavy heart. If a new recruit gets a new table and cupboard this may become an eyesore to other employees who have not been treated likewise previously.

Nature of grievance: Natures of grievances are the symptoms of conflicts in the enterprise. The nature of grievance should be based on Promotion Amenities Continuity of services Compensation Disciplinary action Fines Increments Leave Medical benefit Nature of job Payment Action promotion Recovery of dues Transfer Victimization Condition of work Supersession and the like.
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Causes of Grievance:
Grievances may occur for a number of reasons, few of them are following: Economic: Wage fixation, overtime, bonus, wage revision, etc. Employees may feel that they are paid less when compared to others. Work environment: Poor physical conditions of workplace, tight production norms, defective tools and equipment, poor quality of materials, unfair rules, lack of recognition, etc. Supervision: Relates to the attitudes of the supervisor towards the employee such as perceived notions of bias, favoritism, nepotism, caste affiliations, regional feelings, etc. Work group: Employee is unable to adjust with his colleagues; suffers from feelings of neglect, victimization and becomes an object of ridicule and humiliation, etc. Miscellaneous: These include issues relating to certain violations in respect of promotions, safety methods, transfer, disciplinary rules, fines, granting leave, medical facilities, etc.

Generally, a grievance exists where there is a violation of:


The Contract: These are the easiest grievances to win, especially where the violation is clear-cut and management is not overly belligerent. The Law: There may be a violation of municipal, state or federal law. Remember that the law always supersedes the contract. Company Regulations: Management generally cannot violate its own rules to harm one or more workers. A personnel regulation may be overlooked in hiring or firing of a foreman may have brought liquor into the plant and then fired a worker for the same violations. Uneven enforcement of company or agency regulations, as well as management disregard for its own rules, can provide the grounds for a grievance. Workers Rights: Discrimination and workers rights cover a broad range of incidents or practices. Discrimination occurs when two people are treated differently under the same conditions in such a way as to harm or treat unequally one of them. Discrimination may include, and is not limited to, race, sex, age, religion, sexual orientation, national origin, personality, looks, union activity, past incidents and experiences, and political affiliation. Past Practices: Arbitrators will sometimes consider violations of long-standing practices, accepted by the union and management, as grounds for ruling in favor of the union. If, for instance, the employer has allowed a 15-minute wash-up for years and then suddenly disciplines a worker for leaving her station 15 minutes before clock-out, the union usually has a strong case. 1

RAISING A GRIEVANCE
There are a number of areas an employee should consider when raising a grievance. These include what has happened, who was involved, and any previously related matters. It is important to find out the actual fact that raise grievance. To handle grievance, firstly management need to find out the root of grievance. So that, management should investigate the reason properly. It is not always easy to identify workplace incidents as grievances. In order to totally understand and work out a solution to problems, management body must get all the information about the incident they are investigating. Here are five questions that management should ask when investigating a grievance: 1. WHO is involved? Who is the worker; who is the supervisor; who are the witnesses? Anyone else? 2. WHAT really happened? What did the worker do? What was the sequence of events? What was said? What did management say, do or fail to do? What has happened in the past? What should be done to remedy the situation? 3. WHEN did it happen? Time, date, etc. Any special significant holidays or days off that may tie in? 4. WHERE did it take place? Identify the exact location by workstation, building, department, etc.? 5. WHY is this incident a grievance? Which contract clause(s) applies? Was there a background of action which went before? Why did the member take this action? Why did management take action? Management should always use the 5 Ws when investigating a grievance: WhoWhatWhenWhereWhy Grievance handler then has to identify/ discover grievance and trying to resolve it.

PREPARING A GRIEVANCE
Once the management has collected the facts of the grievance using the five Ws that discussed before, it is now time to write the grievance. The number one rule in writing a grievance is to keep it simple! Here are three steps in writing a grievance: 1. What Happened State the grievance issue simplywho, what, when. The grievance form is not the place to argue the grievance. That should happen in the grievance meeting. 2. Why that is wrong State what part of the contract, law, past practice, etc. was violated. A grievance can be filed over a violation of the contract, a change in a well-established past practice, violation of a law (OSHA, FMLA, etc.) or a violation of an employer policy. Always state that the employer may have violated other parts of the contract: 3. What You Want Clearly state the remedy the union is seeking. Management not leaves out the remedy otherwise the employer can agree they made a mistake, but offer no solution.

THE INVESTIGATION OF GRIEVANCE TO RESOLVE IT


Once an employer has been made aware of an employee grievance, it is important that it is investigated. An effective manager should know about the problem. Grievances can be uncovered in a number of ways. Gossip and grapevine offer vital clues about employee grievances. There is several ways to identify grievance. Such as Exit interview Gripe /Suggestion boxes Opinion survey Open door policy Observation Step ladder policy

Above mention way could also be undertaken to uncover the mystery surrounding grievances. These methods are discussed below:

Exit interview:

Employees usually leave their current jobs due to dissatisfaction or better prospects outside. If the manager tries sincerely through an exit interview, he might be able to find out the real reasons why the employee is leaving the organization. To elicit valuable information, the manager must encourage the employee to give a correct picture so as to rectify the mistakes promptly. If the employee is not providing fearless answers, he may be given a questionnaire to fill up and post the same after getting all his dues cleared from the organization where he is currently employed.

Gripe boxes:

A gripe box may be kept at prominent locations in the factory for lodging anonymous complaints pertaining to any aspect relating to work. Since the complainant need not reveal his identity, he can express his feelings of injustice or discontent frankly and without any fear of victimization.

Opinion surveys:

Surveys may be conducted periodically to elicit the opinions of employees about the organization and its policies.

Open door policy:

This is a kind of walk-in-meeting with the manager when the employee can express his feelings openly about any work-related grievance. The manager can crosscheck the details of the complaint through various means at his disposal.

Observation:

A manager/supervisor can usually track the behaviors of people working under him. If a particular employee is not getting along with people, spoiling materials due to carelessness or recklessness, showing indifference to commands, reporting late for work or is remaining absent 1

The signals are fairly obvious. Since the supervisor is close to the scene of action, he can always find out such unusual behaviors and report promptly.

Step-ladder policy:
The employee with a grievance has to proceed step by step.

Step -1

Step-2 Step-3 Step-4 Step-5 Last step Fig: Stepladder grievance procedure

Step 1: Filling of written grievance Step 2: Supervisor o foreman Step 3: Head of the Dept Step 4: Join grievance committee Step 5: Chief executive Last step: Voluntary arbitrator

An aggrieved employee shall first present his grievance verbally. In person to the officer designated by the management for the purpose an answer should be given within 8 hours. If he is dissatisfied with the answer, the worker will present his grievance to the head of the department, who will give his answer with in 3 days. If the worker is dissatisfied with the answer, he may ask that his grievance should be referred to the grievance committee, which shall make its recommendation within 7 days. The management must implement unanimous recommendation of this committee. An unhappy worker can apply to the management for a revision of its decision within one weeks of time. Last stage is Voluntary arbitrator.

CLASSIFICATION OF GRIEVANCE

After completing investigation, management could find various types of grievance within the personnel. This is not similar with each other, but work as a back force of creating grievance.

GRIEVANCE

Individual / personal Grievance

Group Grievance

Principle Grievance

Union or Policy Grievance

Fig: Classification of grievance

Individual/Personal Grievance: Affects only one person (Sue has been disciplined). Group Grievance: Department or category of people in the shop or store (unsafe chemical in one department). Principle Grievance: Deals with a basic contract principle (such as seniority, vacation, etc.) all members involved. Union or Policy Grievance: Initiated by union on behalf of worker or entire store or plant (for example, overtime not being distributed properly), or member is not willing to file individual grievance.

DEALING WITH GRIEVANCE

When the management can identify and classified the grievance properly then come the question how to deal with it effectively? Deal with grievances sensitively, particularly where they concern other workers. When dealing with a grievance management should: Ensure familiar with the procedure and apply it correctly Hold any grievance hearing in private without interruptions Where a grievance relates to the person's line manager, ensure that the employee can raise the grievance with someone else Listen carefully to the person's explanation of the problem and consider whether there is a deeper issue which might be the root cause of the grievance Listen to any conflicting points of view Weigh up all evidence to see whether there is an issue you need to address Decide what action to take, trying to balance fairness to the person without compromising the business or other workers Inform all concerned parties of your decision and the appeal process Ensure you resolve any problems relating to policies, procedures or conduct where the grievance procedure highlights these Keep the process as confidential as possible

To dealing with grievance, Management needs to have a clear idea about few questions. Such as Why do we need to handling grievance? Settles workplace problems in a systematic way. Helps to establish and protect workers rights. Gives workers a voice on the job by providing them with an opportunity to tell their side of the story. Promotes workplace harmony. What is its Purpose? To enforce the contract To interpret the meaning and intent of the contract, including ambiguous or silent contract language. How Does It Work? Defines workplace problems that are grievances. Identifies the steps to follow to remedy the problem. Identifies the union and company representatives involved in each step. Imposes time limitations for filing grievances, responding to grievances and appealing grievances. Stipulates at each step whether the grievance presentation is oral or written. Places the burden of proof on management particularly with discipline and discharge cases. 1

GRIEVANCE HEARING

The essence of dealing grievance it is necessary to here about the problem, this is grievance hearing. The purpose of a grievance hearing is to explore the grievance with the employee. This might include asking further questions, and discussing the investigation with them. It is important to explore the possible ways in which the employee might wish to see the matter resolved. Asking why the employee feels aggrieved and what outcome they hope for can be extremely helpful questions. The employee should be given the opportunity to be accompanied to the meeting (though you may wish your grievance policy to specify any restrictions on who such a person may be). No decision should be made during the grievance hearing. Instead, the meeting should be closed, and the decision considered separately. The decision should however be communicated in writing to the employee within a reasonable period of time after the meeting. Options open to the employer include upholding the grievance (and identifying ways in which the matter will be resolved), upholding the grievance (though explaining that there are no practical solutions currently open to the employer) or rejecting the employee's grievance. Whatever outcome is reached, it is important that the employee is given the opportunity to appeal against the decision.

THE GRIEVANCE HANDLING PROCEDURE


Grievance procedure aim is to resolve problems as fairly and quickly as possible. An employee should raise his grievance with his immediate superior. A grievance procedure is an agreed-upon channel for complaints; a list of steps and who is involved at each step; and a provision for time limits at each step in order to discourage stalling. A procedure should: be straightforward and in writing allow for the rapid resolution of problems be made known to all workers

The stages contained in the procedure will vary with the size, type and structure of the business. It will usually specify: how and to whom a worker should raise an issue where to go next if the issue can't be resolved at this level what the time limits are for each stage of the procedure the right to be accompanied by a colleague or trade union official at any hearing

Other issue that must consider in the grievance procedure: Defines workplace problems that are grievances. Identifies the steps to follow to remedy the problem. Identifies the union and company representatives involved in each step. Imposes time limitations for filing grievances, responding to grievances and appealing grievances. Stipulates whether the grievance presentation is oral or written at each step. Places the burden of proof on management particularly with discipline and discharge cases.

The grievance procedure may vary depending on the collective bargaining agreement. A typical grievance procedure may have four steps, referred to as Step 1, Step 2, etc. through Arbitration. Grievance Arbitration Arbitration is a method for resolving disputes in which a third party is called in to make a decision on a grievance case. The arbitrators decision is binding on both parties Time limits on company response begin only after the grievance is presented in writing. Grievances should be moved to the next step as rapidly as possible. Serious grievances, such as discharge cases, are often introduced as Step 3 of the grievance process.

HANDLING GRIEVANCE FORMAL PROCEEDING


Step one - grievance raised by employee in statement of grievance Employee must set out details of the grievance, informing the employer what the basis for raising the grievance is. This must be sent to the employer. Step two - examining the evidence Employer must carry out all reasonable investigations and take all necessary witness statements before considering response. Step three - arranging the grievance meeting Provide employee with reasonable written notice of the meeting, together with all appropriate documentation. Inform employee of right to representation. The employee must take all reasonable steps to attend the meeting. Step four - conducting the meeting Employee must state their case, commenting on all the evidence, calling any witnesses and challenging any evidence provided by the employer. The company should put forward any explanation / evidence it may have concerning the grievance at the meeting. Step five - informing the employee Within a reasonable time, inform employee of decision in writing and their right to appeal against the decision. Place ALL documents in the employee's personnel file as appropriate. Step six - appeal The employee must notify the employer, in writing of their wish to appeal and provide the basis of the appeal. The employer must invite the employee to a further meeting. The appeal must be heard by a director of the company not involved in the earlier investigation and grievance proceedings. The director must inform the employee in writing of the final decision.

THE PRINCIPELS OF GRIEVANCE HANDLING


The principle .that followed, is likely to desirable result. Grievances should be handled confidentially, impartially and sympathetically. In handling grievance, a considerable amount of time must be spent talking to employee, gathering information from them. Grievances should be handled by someone who is, and who is accepted as, impartial.

The fundamental principles of grievance handling found in UTS policies and procedures reflect best practice in grievance handling. These principles are: Place of employee at ease: Feel at ease during every discussion. Any failure in this respect is bound to keep the employee tense. As a good way to attain a relaxed mood is to encourage the employee to talk completely and fully about his trouble. Encourage talk: In this way employee will not only get out the whole complain but will tend to cool of doing so. Select a favorable location: Discussion or interview should be held wherever possible under the best condition. Here the case fully: The interviewer should seek to keep his views and opinions entirely to him until the story have been told and the time has come for some expression. Reach a definite closure: When the interview is coming to conclusion, the supervisor must be prepared to state his position clearly, accurately and without any attitude of ill feeling for the employee.

CHECKLIST OF AN EFFECTIVE GRIEVANCE HANDLING


The greatest opportunity for the statement of a grievance is the initial step of the procedure. The higher the discontent rises, tough the organization, the more difficult is to resolve. So, the better is to follow a good guideline to resolve the grievance problem.

Put the employee at ease: To making employee feel that he has a right to express himself frankly and make him feel that the management is an open-minded about to discuss the problem. Listen with Sincere Interest: Evidence of a lack of sincere interest in a mans grievance will convince him that he is not going to get a fair consideration. Discuss-Do not argue : An Argument raises emotional temperature. But discussion permit settlement by reason rather then emotion. Get the story straight : Let the man with complain repeat his story as he has an effect of lowering his temperature. Get all the fact: Consult not only the person who complain but all other whose knowledge of the situation may contribute to a through understanding of the problem. Consider the employees view point: Consider all the possible reasons why he might feel the way he dose and all the possible reason why his view point might be a mistaken one. Be willing to admit mistake: Readiness to admit a mistake encourages the man who brings up a grievance to admit a mistake on his own part. Dont Pass the bulk: Buck passing in handling of grievance creates embarrassing problem then it cure. If one should not have the authority to settle the grievance, then state that clearly, but dont Pass the Bulk. Take Note: When the complainer state his problem then the listener should take all the point of the problem as note. Thus it will easy to handle grievance on future. Tell the employee when he will get the answer: When the employee get the answer properly then must ensure him that he get the answer properly. 1

CHECK THE FACT:


To checking the fact following step should taken: Consult with other: It is necessary to consult with others about the problem for its better solution. Refer to the written policy: it help the consultant because he can easily see the problem point again and again. So the solution will more perfect. Consider the employee view point: Management and the employee view point is always different from each other. So , if it is possible then see to the employee point of view. And try to understand what his situation demand. Look at the employee record: Every organization keep there personnel previous record. If it is necessary then the management can look there former record about the personnel.

TELLING THE EPLOYEE:


Now the time to inform to the employees about their problems. It can be done by the following ways, to tell the employee; Be willing to admit mistake Give the benefit of doubt If the employee grievance is unfounded then management need to explain. Keep the management cool. Prepare the case of appeal

FOLLOW-THROUGH:
The grievance must need to delete from the organization. It could follow through _ Take Prompt action to correct the cause of the grievance: It is necessary to take prompt action rather then delay. To do this management chooses the best way what they think to do. Check with Employer: When the management body finally try to resolve the problem, that time it will fair if the employer himself check the total situation. So, there are no doubt left. Dont let it happen twice: Solution should be done like this, that it will never arise twice within the organization. Thus the inter relation could make more strong.

CONCLUSION

After above all discussion we can say that, grievance is a sign of an employee's discontentment with his job or his relationship with his colleagues. Grievances generally arise out of the day-to-day working relations in an organization. Grievance system helps to catch and solve problem before they become serious. If unsolved problems are allowed to accumulate unsolved, their quantity may get so great that they create enough pressure to blow the lid of the whole organization Managers must address and redress the grievances in the initial stage itself. The grievance should not only be addressed and redressed but also seems to be redressed in the eyes of the involved parties. Every management should have efficiency in handling employee grievances to ensure organizational excellence and effectiveness. Right mechanism, procedures and practices help ensure organizational culture and climate leading to better productivity and performance.

RECOMMENDATION

INDUSTRIAL RELATION, Arun Monappa, 20th edition. McGraw hill Publication.

Collective bargaining and Industrial Relation, David A Dilts, 11th edition, McGraw-Hill. Industrial Relation And collective Bargaining, S K Bhatia, Deep & Deep publication. Internet Course instruction