Dealing with complaints and claims of being treated unfairly is a common responsibility of Human Resources professionals; however, managing a union grievance process is a completely different ball game. If you have experience dealing with union grievances, you know there are multiple steps and deadlines to which you must adhere, as well as a significant amount of legwork. It is essential to be well-prepared and thoroughly understand the complexities of this process. Mishandling the union grievance process can have serious repercussions, so it's crucial to ensure everything is in order when addressing such a grievance.
What is a Union Grievance?
A union grievance is a formal complaint by an employee or group of employees in a unionized workplace alleging that their employer has violated their rights as defined by law, contract, or company policies. Grievances often relate to breaches of the collective bargaining agreement terms.
Employer Rights and Obligations
In order to effectively address union-related issues, it is essential to have a comprehensive understanding of your rights and responsibilities as an employer under relevant labor laws and regulations. Familiarizing yourself with the National Labor Relations Act (NLRA), which safeguards employees' rights to organize, negotiate collectively, and participate in other coordinated activities, is crucial. Additionally, being well-versed in the regulations and procedures of the National Labor Relations Board (NLRB), which oversees and enforces the NLRA, is important. Seeking guidance from your legal counsel or human resources department is recommended if you have any questions or concerns about compliance with the law.
Addressing a Union Grievance
There should be a clear grievance procedure to address a grievance. Most of the time, grievance procedures are outlined in the Collective Bargaining Agreement (CBA) and list various steps to follow. Not adhering to these steps could prove disastrous for the employer and may increase the probability of claims of discrimination or favoritism, leading to corporate liability. When an employee grievance occurs, it should always be taken seriously, regardless of whether it is submitted on a grievance form or verbally brought up to a manager/supervisor, and it should be submitted to HR in a timely manner. Before it is filed or recorded on a grievance form, thus making it official, it is a good idea for the supervisor and union representative(s) to review the grievance together to determine if the claim is valid.
Typical Grievance Steps Listed In the CBA
Step 1: Engaging in initial resolution talks is crucial. This involves including the employee(s), any union representation/steward, human resource representative, and their supervisors during the initial grievance filing.
Step 2: At this step, escalated talks will move on to higher-level supervisors, union representatives, and human resource representatives. The employee(s) are typically excluded once the review process begins.
Step 3: If a resolution has not been reached after Step 2, the protocol would usually be to move to an intervention level. This would involve higher-level management, a union steward, or a regional/national union representative, if necessary, and typically the HR Director.
Step 4: In the event of no agreement after Step 3, some procedures or agreements involve hiring an outside arbitrator to mediate between union representatives and employer leaders to try and reach a resolution.
Tips on Dealing with Union Grievances
- Understand the problem. Identify the affected parties and gather relevant information that clearly states the complaint. This information can include dates, individuals involved, and reasons for dissatisfaction. Ensure that all grievances are treated confidentially.
- Before any meeting, it's important to research the background of the grievance and check what actions have been taken in similar cases. You should also prepare arguments, evidence, and justification for the grievance to use in oral arguments. If the grievance goes to arbitration, you need to prepare for that hearing and file an information request with every grievance.
- Remember to always show respect and encourage open communication. When interacting with union representatives, it's important to treat them with respect and expect the same in return. This will show the union representatives that, as a company, you are willing to negotiate in good faith. Keep control of your emotions, remarks, and behavior, and choose your words carefully to avoid escalation.
- Advocate for your interests and present any compelling business reasons for the actions in question.
- Ensure that thorough documentation is maintained for both the unions and your positions, including arguments, witnesses, evidence, and participants involved in discussions.
Every step in the process specifies the necessary time frame and must be diligently followed. It's necessary to follow the specific steps outlined in a CBA during a union grievance process, as failure to do so could lead to significant issues for your company. It's crucial to keep all paperwork organized, ensure that all parties are well-informed, and maintain clear and prompt communication throughout the process.
The Redstone GCI HR Team is available to provide guidance and support as you navigate the union grievance process. Our team will work with you to ensure all necessary steps are followed, and compliance is met.
Senior Managing Consultant
Hibah joined Redstone Government Consulting, Inc. in 2023 with a wealth of progressive human resources experience in the federal government contracting industry. She provides HR consulting services to our customers on a vast array of issues, to include Service Contract Act, negotiations and administration of Collective Bargaining Agreements, resolving complex employee relations issues, conducting investigations, providing policy and procedure development and guidance, HRIS advisement and other HR-related compliance initiatives. Hibah stays abreast of the various requirements of the Department of Labor and, of great importance to government contractors, the Office of Federal Contract Compliance Programs, as well as other federal and state regulations impacting human resources.
Professional Experience
Prior to joining Redstone Government Consulting, Inc. Hibah served over 11 years in various HR roles within government contracting. She started her career as a Program Assistant to support proposal development and contract bidding. She soon transitioned to the HR department where she began as a Recruiter and grew into a Sr. HR Business Partner. During this time, she worked on the full employment life cycle from recruiting, onboarding, policy development, job descriptions, employee investigations and off boarding. Her primary focus became compliance and administration of SCA contracts and Collective Bargaining Agreements, to include negotiating, reviewing trends and employee relations. She supported executive leadership while working closely with management and employees to improve work relationships, build morale, and increase productivity and retention.