Evaluate the main dispute resolution processes available to management and labor. Do you believe the grievance process followed by the CBA (Article 7) provided in the resource section is fair and equitable for both labor and management? What types of issues should be agreed upon at the first level supervisor level and which ones do you think need to be elevated? Is the alternative dispute resolution process a viable course of action in most workplace settings? Please explain.
You are welcome to share experiences you may have had at any of your employers. Note: There is no need to identify your employer by name, but do include the type of employer (for example, private-sector transportation industry or public school district).
To complete this assignment, review the Discussion Rubric document.
ARTICLE 7 GRIEVANCE AND ARBITRATION In the event any dispute or controversy should arise between the Employer and the Union as to the application or interpretation of this Agreement, such dispute or controversy shall be processed and disposed of in the following manner: 6 Step 1. Within a five (5) working day period (except as provided in Article 6, of this Agreement), an Employee having a grievance and/or his/her Union representative shall take it up with the Manager of the Faculty House. The Manager of the Faculty House shall give his/her answer to the Employee and/or his/her Union representative within five (5) working days after the presentation of the grievance in Step 1. The Employee has the right to have a Shop Steward, or other Union representative, present at meetings with management to discuss grievances. Step 2. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and his/her Union representative, and presented to the Director of Human Resources or his/her designee. The written grievance shall state with reasonable clarity the nature of the grievance, the act or acts complained of and when they occurred, the identity of the Employees who claimed to be aggrieved, the provisions of this Agreement which are claimed to have been violated (except in the case of disciple or discharge), and the remedy which is sought. A grievance so presented in Step 2 shall be answered by the Director of Human Resources in writing within five (5) working days after its presentation. Step 3. 1. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance shall be presented in this step, in writing, to the Vice President of Employee and Labor Relations or his/her representative. The written grievance shall state with reasonable clarity the nature of the grievance, the act or acts complained of and when they occurred, the identity of the Employee or Employees who claimed to have been violated (except in the case of discipline or discharge), and the remedy which is sought. The Vice President of Employee and Labor 7 Relations or his/her representative shall render a decision in writing within ten (10) working days after the presentation of the grievance in this step. 2. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the next step. 3. Any disposition of grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement. 4. The above-mentioned time periods shall apply equally to the Union and the Employer. 5. Mutually satisfactory arrangements may be made to handle grievances during working hours provided that said meetings shall not interfere with the Employer’s required operations and/or with the work of the Shop Steward and/or Employees assigned to duty at the time. 6. In the event any dispute or controversy as to the application and interpretation of this Agreement is not resolved in Steps 1, 2 or 3 of the grievance procedure outlined above, such dispute or controversy may, within thirty (30) days after completion of step 3 of the grievance procedure, be referred to an Arbitrator selected in accordance with the Voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association. The decision of the Arbitrator shall be final and binding upon the parties hereto. 7. The Arbitrator shall have no power to add to, subtract from, or modify in any way any of the terms of this agreement. 8. The cost of such arbitration proceedings shall be borne equally by both parties to this Agreement. Each party shall, however, bear its own legal expenses and those of the witnesses to the proceedings