Module 5.1B: Conflict Resolutions

Question 1

What are grievances?

Answer 1

usually formal, documented complaints where the employee believes a law or regulation has been violated by the organization, management, or another employee.

Question 2

What are the 2 stages to conflict and dispute resolutions?

Answer 2

understanding the problem and resolving the problem

Question 3

How to Identify the problem?

Answer 3

1. use active listening skills. Ask clarifying questions and rephrasing employee’s concerns back to them ensures understanding and gathers information that will be helpful in finding best resolution
2. Active listening demonstrates that employees concerns are being taken seriously

Question 4

How to Identify perspectives?

Answer 4

The problem is the action, or inaction, that has led the employee to complain

HR is better suited to not only identify the best resolution, but also to anticipate the potential responses the involved parties may have to it.

As a result, HR can be planned for possible negative reactions and be prepared to mitigate concerns as necessary.

Question 5

How to Identify impact?

Answer 5

A problem is not fully comprehended if its impact is not understood

HR is responsible for not only recognizing the immediate impact of a concern, but also any potential ripple effects, such as impact on employee morale, corporate culture, as well as any possible legal ramifications and liability issues.

When an employee lodges a complaint or files a grievance, the problem has already impacted the employee enough that they feel compelled to address it.

It is up to the HR to determine the potential future impacts the problem could have if it continues, as well as the potential impacts if it ceases to occur.

Question 6

What is the goal of conflict resolution?

Answer 6

The ideal goal of any conflict resolution is to find a solution that fully satisfies all the involved parties.

HR should identify multiple options, evaluate them, determine the best one, implement it, and communicate the resolution as appropriate.

Question 7

Identify Options

Answer 7

This step involves a lot of brainstorming

It can be helpful and informative for HR to ask each of the involved parties individually what they consider the ideal resolution

In addition to engaging the involved parties in the process of finding a solution, asking for their input can provide a bit more insight into their perspective on the problem or concern.

Question 8

Evaluate Options

Answer 8

HR needs to strongly consider the impact potential resolutions may have on the organization as a whole.
resolve minor complaints or concerns on their own

HR should work closely with organizational leadership, provided there is no conflict of interest, to evaluate the merit of potential solutions

prudent to review possible resolutions with the organization’s legal department or counsel, if available.

Question 9

Identify Best Resolution

Answer 9

It is important to identify all the steps that will be implemented, including how, when, and by whom they will be executed.

It is essential to outline when and how follow-up will occur.

Question 10

Implementation

Answer 10

bringing different parties together to discuss the issue, including what has or is being done to prevent a similar issue in the future

HR professional serves as a mediator to keep the discussion on the topic and appropriate.

It may be helpful to set guidelines and expectations for the discussion in advance or right at the beginning.

Question 11

Communicate

Answer 11

responsible for communicating the resolution with all involved parties, as appropriate.

Question 12

What is an employee complant?

Answer 12

any concern or problem raised by an employee.

A complaint is an umbrella term that includes serious grievances.

Commonly, complaints are minor concerns, that do not have legal implications or involve outside regulatory agencies. Unresolved complaints may escalate to grievances.

Question 13

What is a grievance?

Answer 13

A grievance is a serious written complaint that is raised in a formal manner.

Employees file grievances when they believe an organizational policy, procedure, or regulation has been violated.

Throughout the grievance resolution process, HR must be cognizant of any legal risks and potential impacts.

Question 14

What are employment practices?

Answer 14

Employee complaints and grievances may be lodged about any aspect of the employee–-employer relationship

relate to the policies, procedures, and practices regarding the treatment of employees throughout the employee lifecycle.

Discrimination concerns and fair labor standards violations fall into this category.

Question 15

What are working conditions?

Answer 15

All employers are required by law to provide a workplace without serious recognized hazards.
designed to prevent workplace injuries and illnesses.

Positive employee relations may help employees approach the HR or the management with concerns directly.

employees who file complaints with OSHA are protected from recrimination under the Whistleblower Act.

Question 16

What are behavioral issues?

Answer 16

Interpersonal relationships have a large impact on employee satisfaction.

Even seemingly minor disruptive behaviors must be addressed immediately and thoroughly.

Any behavior that could endanger the health and safety of other employees or create a hostile work environment is unacceptable and illegal

Question 17

An employee alleges that their direct supervisor displays favoritism by allowing another employee to leave early regularly. Employee is being treated for medical issues and taking time off under FMLA with HR authorization

Answer 17

Concerns regarding supervisor favoritism must be investigated by HR. Due to privacy concerns and HIPAA regulations, the HR professional should limit the amount of information given to the complainant.

Question 18

Employee complains to HR that coworker has offensive body odor. Employee does not feel comfortable approaching coworker directly but states odor impacts ability to perform job duties effectively

Answer 18

Personal hygiene complaints can be awkward to address. However, these complaints are generally handled by the employee’s direct supervisor. HR professionals may offer guidance to supervisors on discussing hygiene and other sensitive topics.

Question 19

Male African American employee applied for competitive, internal management training program but not accepted. When he realized that all employees accepted into program were Caucasian, he told boss he may file complaint with EEOC

Answer 19

Supervisors and management should notify HR immediately of any concerns regarding discrimination. While the employee has the right to file a complaint with the EEOC, HR should make every attempt to resolve the concern internally.

Question 20

Employee given verbal warning regarding their performance. They state that coworker interrupts them multiple times throughout workday to chat. They believe they were being unfairly penalized for coworker’s disruptive behavior

Answer 20

Interpersonal complaints or disagreements regarding behavior that is disruptive but not offensive or hostile should be handled by the employee’s supervisor. HR may offer guidance to the supervisor or become more involved if the concern escalates.

Question 21

Female employee alleges that male coworker regularly asks her questions about status of marriage. States she doesn’t want to make big deal out of it. She has told him to stop asking as it is none of his business to no avail.

Answer 21

Persistently asking intrusive questions, despite requests to stop, is a serious behavioral concern. Despite the employee’s request to not make a big deal of it, the HR should be involved immediately.

Question 22

What are the steps to resolve conflicts?

Answer 22

1. Identify feelings surrounding problem
2. Evaluate impact of problem
3. Evaluate impact of potential resolutions
4. Being working toward chosen resolution
5. Communicate resolution

Question 23

What is a formal greviance?

Answer 23

a written complaint alleging a violation of organization policies and procedures or workplace laws and regulations.

All formal grievances must be addressed
may include an internal investigation, as well as alternative dispute resolution (ADRADR) strategies such as mediation and arbitration

Question 24

What is an ADR?

Answer 24

Alternative dispute resolution (ADR) - an option for resolving workplace conflict outside of the court system. Involves a neutral third party that helps facilitate communication and resolution.

Question 25

What is a Union vs Nonunion?

Answer 25

collective bargaining agreement for union employees will include the grievance resolution process.

all organizations should have a grievance resolution process for nonunion employees.

Question 26

What are internal investigations?

Answer 26

the first step HR should take when a grievance is filed.

HR gathers information about the grievance, involved parties, and any applicable policies, laws, or regulations.

An internal investigation serves to:

• Demonstrate trust and respect for employees
• Determine complaint validity
• Protect the organization from litigation or legal liability

Question 27

What is Mediation?

Answer 27

a process of conflict resolution involving a neutral third party

The mediator is usually a counsellor trained in conflict resolution.

initiate and guide communication between parties.

goal of mediation is to reach an agreement through a process of negotiation.

Question 28

What is Arbitration?

Answer 28

involves a neutral third party but is employed when attempts to reach an agreement through negotiation are unsuccessful.

similar to the court system but faster and less expensive

role of the arbitrator is to hear both sides of a dispute and make a decision, or arbitration award.

Question 29

During confidential counseling session, employee tells an external EAP counselor about an ongoing sexual harassment being conducted by an organization plant manager. Employee does not want counselor to initiate any action against plant manager.

What should EAP counselor do first?

Answer 29

Try to convince employee to report sexual harassment to HR department

Question 30

A supervisor has heard rumors that an employee’s behavior may be related to some serious personal problems. The supervisor’s best action is to:

Answer 30

give a referral to the organization’s EAP

Question 31

The first thing an individual who is being sexually harassed should do is:

Answer 31

ask harasser to stop