16 Apr Why Is It Important To Outline A Grievance Procedure In The Collective Agreement
If no solution is developed, an arbitrator may be asked to verify the evidence and make a decision. An impartial third party chosen by both parties in a complaint and who ultimately makes a binding decision in the situation. is an impartial third party chosen by both parties and ultimately makes a binding decision in the situation. Therefore, conciliation is the last aspect of a complaint. Violation of a previous practice in the workplace. This can form the basis of a complaint, especially in areas where the treaty is silent or obscure. If a previous practice has been violated by management, an employee may have a real complaint. The only importance of current practice is to clarify (but not amend) the collective agreement if it is ambiguous or obscure. Some examples of complaints could be as follows: resolving complaints is one of the administrator`s most important tasks. It may seem difficult, but it is not that difficult. As a general rule, a breach of the terms of the contract or the execution of an offence results in a complaint. The process is specific to each contract, which is why we will discuss the process in general.
A complaint is usually initiated by an employee and then dealt with by union representatives. Most contracts define how the complaint should be brought, the steps to be taken to complete the process and the identification of representatives of both parties who will hear the complaint. Normally, the human relations department is involved in most of the steps in this process. The basic process is shown in Figure 11.8 “A Sample Grievance Process.” It is the steward – not the member – who files the complaint. If a person`s rights have been violated and that person refuses to file a complaint, you should file the complaint on behalf of the union, especially if the contract expressly allows it. In this way, you defend the collective agreement and protect the rights of all policyholders. Management`s argument that you cannot file an individual complaint on behalf of the union is false. If the complaint is filed in this way, it comes from the large impersonal union and the employer cannot put pressure on you or your member. If you make a complaint that a worker does not want to sign or drop it, your decision to wear it should be based on a dominant factor – which is best for the whole membership! Each contract has a section called the appeal procedure. Study it. Complaints can be lost by not following the proper procedure and by not meeting deadlines.
Sometimes members may not want to file a complaint. That`s normal. They might fear for their work. They don`t want to upset their superior. Maybe they don`t want to be stigmatized as “trouble-makers.” A complaint is a complaint against management. So it is not a complaint if two workers have a personal disagreement. If Jane and Bob can`t agree on opening or closing the window, that`s not a bad thing. The exception to this rule is harassment (see harassment chapter). Examine it as you would normally with any other complaint.
If you think it is justified, sign it yourself or have it signed by the union`s appeals committee or board of directors. It is likely that each stage of the appeal process will have a delay. Management has a specific time frame within which to respond to the union; The union has a specified deadline to announce any intention to appeal the appeal. If management does not meet the deadlines, you move on to the next step. A typical appeal procedure can take three or four steps. These steps will tell you what level of management should be addressed at each stage, how long you have to file the complaint and, if necessary, call for the next step.