McQuarrie Chapter 11- Grievance Arbitration Process Flashcards
What are grievances?
Disagreement arising from interpretation, application, and administration of the collective agreement.
‘An alleged violation of one or more terms of the collective agreement’
How are grievances settled?
Grievance arbitration
as opposed to Interest Arbitration which is for collective agreements
What effect can grievances have on bargaining?
if grievances are successful, it can affect how parties interact in the next round of bargaining.
Who more commonly files grievances?
Union files more vs employer than other way around
What are the 4 types of workplace grievances?
Individual Grievance: Relates to an action/inaction by the employer that specifically affects an individual employee
Group Grievance: relates to the action/inaction by the employer that affects a number of employees in the same manner.
Continuing Grievance: May not involve a single incident and relates to an ongoing practice by the employer
Policy Grievance: Alleges that an employers action or lack of action is a violation of the collective agreement that affects all employees.
What should happen when a grievance is noted to occur?
Union notified ASAP or else will be hard to follow through
What is the First Step in the Grievance Procedure?
Filing the Grievance
File complaint orally or in writing
Griever is expected to continue to work unless grievance involves situation of danger.
Other party responds within 10-14 days. If unresolved goes to next step
What is the Second step in grievance procedure?
Formal Complaint and Investigation
After formal written grievance is submitted, union and employer investigate fact.
Both sides present evidence and attempt to find a mutually satisfactory resolution.
What is the Third Step in Grievance Procedure?
Final Attempt before Arbitration
-Last opportunity to resolve issue without a third party.
Failure to reach soln leaves option of arbitration.
If Union does not proceed after this stage, employee may decide to file Duty Of Fair Representation complaint with the Labour Relations Board
How does the grievance arbitration process work?
-A single arbitrator or arbitration panel decides on outcome. Decision is final and binding
Primary method of investigating is through a hearing over which arbitrator presides.
What powers does the arbitrator have?
Can issue a subpeona to compel witnesses to testify.
Power to request relevant documentation
Where and who pays for arbitration hearings?
In a neutral location eg. hotel meeting room.
Employer and union share the cost
What standard of proof is used in arbitration?
Balance of probabilities
What is the Order of Proceeding when witnesses called?
Party proceeding first calls its witness. They conduct direct examination, ask questions. other party conducts cross examination and asks about what came up. Dig deeper
Then first party Re-Examines on only the issues coming from cross examination
What is the arbitrators award?
The award is written after the hearing, it summarizes the evidence and arbitrators assessment of evidence, and provides decision on issue and remedy to be imposed.
What are grounds for appeal of a reward?
Bias, Procedural Error, Ruling on Matters outside jurisdiction, Misinterpretation/misunderstanding of collective agreement
What are reasons that arbitration typically is delayed?
- Limited # of arbitrators
- Hearing dates hard to arrange
- Disputes complex and legalistic
- Arbitrators take a long time to write their decisions
Describe the formality of the grievance procedure
It was designed to be informal but has become a formal legal process with lawyers involved.
- Legal representation increases consistency and procedural fairness but often results in participant intimidation
- The award is usually legalistic and lengthy, referring to other cases involving similar disputes
What does each party pay for?
Its own legal fees, half the arbitrators fees, half the hearing expenses
What is expedited arbitration?
a process designed to be faster, less expensive, less formal, less legalistic than traditional arbitration.
-Deals with specific issue and results in non-precedent setting awards that are short and less legalistic
What is another alternative to grievance arbitration?
Grievance mediation.
Mediator helps parties settle differences. Focus on finding mutually acceptable resolutions. Info to mediator confidential and no written award issued
What are two orientations mediators can bring?
Settlement orientation: focus on resolving issues by helping parties reach solution
Transformative Orientation: focuses on teaching parties to resolve their own disagreements and to understand each others point of view.
Latter results in higher satisfaction but more time consuming
What is another alternative that be applied to Grievance resolving?
Mediation arbitration. as in bargaining, mediator is informal, suggesting etc, then becomes arbitrator if doesn’t go well
