‘Grievance Handling’

Introduction to Grievance Handling

What is a Grievance?
 
Every employee has certain expectations, which he thinks must be fulfilled by
the organization he is working for. When the organization fails to do this he
develops a feeling of dissatisfaction. When an employee feels something is unfair
in the organization he is said to have a grievance.
 
Thus, we can define Grievance Handling as:

‘A complaint of one or more workers in respect of wages, allowances, conditions

of work and interpretation of service stipulations covering such areas as
overtime, leave, transfer, promotion, seniority, job assignment, and termination
of service.’
-International Labour Organisation.
 
 Causes:
There are certainly some of the causes that can lead to Grievances. Some of them are listed
below:

( I ) Economic ( II ) Work Environment ( III ) Supervision

Poor physical condition of workplace
Wage fixation. Relates to the attitude of the
like unsafe working condition,
supervisor towards the
Overtime. illumination, poor ventilation and unsafe
employee such as perceived
equipments.
Incentive. notions of bias, favoritism,
regional feelings etc.
Allowances. Stringent production norms.
Increments. Defective tools and equipment.
( IV ) Work Group
Poor quality of material.
Employee is unable to adjust with
Unfair practices. his colleagues.
Nature of Job. Suffers from feelings of neglect.
Poor quality raw material, tools, Victimization and becomes an
equipments.etc. object of ridicule and humiliation
etc.
Causes:

( V ) Miscellaneous
Issues relating to certain violations in
respect of promotions,

Continuity of service.

Transfer
Disciplinary rules
Fines
Granting leaves
Over stay after the expiry of leaves
Medical facilities

Favoritism
AN ACTUAL GRIEVANCE HANDLING PROCEDURE
"Prior to any formal grievance, the employee must discuss the issue with his/her immediate
supervisor within three (3) working days after the date of occurrence, or three (3) working days
after the date which the affected employee(s) could reasonably been made aware of the issue giving
rise to the dispute or complaint."
"If not resolved by the immediate supervisor within three (3) working days, the employee(s) may
submit a formal grievance, in writing, to Step 1 no later than three (3) working days."

STEP1: A written grievance may be submitted by the grievant to the immediate supervisor, as set
forth above. The employee may request a union representative accompany him/her to the
discussion, which will be held as soon as practicable, but not more than three (3) working days
after the submission of the grievance. The supervisor shall provide a written answer to the
employee within three (3) working days after the meeting. If the issue is not resolved, the
employee(s) and/or Union may appeal to Step 2, within three (3) working days.
STEP 2:

A meeting between the employee, union representative, the Department head and the supervisor
shall be held upon receipt of the appeal, or within three (3) working days thereof. The Department
Head shall provide a written response to the union representative within three (3) working days of
the meeting. If no settlement is reached, to be timely, the union must appeal to Step 3 within five
(5) working days.

STEP 3: A meeting between the General Manager, Department Head, Human Resource
Representative, the District Union Representative, and two (2) other local Union officials (if a
discipline case one [1] local union official may be displaced by the grievant) shall be arranged
within five (5) working days of  receipt of the Union's appeal from Step 2. The meeting date will
be established as soon as possible, but no later than twenty (20) working days from the receipt of
the appeal, except where circumstances warrant an extension. Such extension shall not extend for
more than five (5) working days.
The General Manager, or his designate shall render a decision, in writing, to the District Union
Representative no later than five (5) working days. If the matter is not resolved, the Union may
submit the matter to ARBITRATION within ten (10) working days of receipt of Management's
STEP 3 answer.
ARBITRATION:

Each party shall submit a list of five (5) names to the other. From the Ten (10) names presented, one
(1) should be selected as the impartial arbitrator. If no one is acceptable, the union shall submit three
(3) names; the company shall submit two (2) names resulting in a list of five (5) names. (In subsequent
cases, the arrangement will be reversed.) The party submitting the most names will be the first to
eliminate one name, the other party will follow and the sequence will continue until only one name is
left.
The parties agree that the sole remaining name shall be the arbitrator for this case only. The parties
further agree that the decision rendered will be final and binding on all parties, i.e. Management,
Union, grievant and employees.
Post hearing briefs will not be filed unless requested by the arbitrator, or at the request of either party.

The arbitrator’s decision may be oral or written. If written, it shall be delivered to the parties
simultaneously no later than thirty (30) working days.
The Statutory Provisions for the Grievance Handling Procedure under the Industrial
Employment (Standing Orders) Act, 1946.
The provisions are under: -
Cl 28) (1) Any workman desirous of the redress of a Grievance arising out of his employment or
relating to unfair treatment or wrongful exaction on the part of a superior shall either himself or
through a trade union of which he is a member, submit a complaint to the manager in his behalf.
(2) The Manager or any such officer shall personally investigate the complaint at such times &
places as he may fix. The workman and-
        (i) any other workman of his choice, or
ii)     (ii) where the complaint is made through a trade union a member of the union shall have the
right to be present at such investigation.
Where the complainant alleges unfair treatment or wrongful exaction on the part of a superior, a
copy of the order finally made by the Manager shall be supplied to the complainant if he asks for
one.
In other cases the decision of the investigating officer & the action, if any taken thereon by the
Manager shall be intimidated to the complainant:
Provided that complaints relating to assault or abuse by any persons holding a supervisory position
or refusal of an application for urgent leave shall be enquired into immediately by the Manager or
such other officers as he may appoint.
Cl 29. The decision of the Manager upon any Question arising out of, or in connection with, or
incidental to these Standing Orders shall be subject to an appeal to the proprietor except where the
Manager is himself the proprietor.
 Developing Information In Investigatory Grievances
SOURCES OF INFORMATION:

1. RECORDS

Personnel File:
It may contain the personal details of the employee that can prove vital while investigation.

    Performance Records:

Past performances of the employee, from the date of his joining the organisation (whether he
was found skilled & up to mark in his work profile)

Grievance Records:
Whether he has had any grievance regarding any issue, and if yes, how did it affect his
performance?

     Medical Records:

This is really vital, as it indicates your physical abilities to perform the assigned work.
2. SPECIAL REPORTS

Supervisory Report:
This includes the feedback from the supervisor regarding the overall personality trait of
the employee. As the supervisor really knows the grievant well, this report is crucial in
investigatory purposes.

  Medical Reports:
This determines the employee’s competency to perform the assigned job.
3. INTERVIEWS:

   Management

The management on interrogation can certainly determine some crucial facts that may help
in the investigation

Union
ThThe more you interact with a person, the more you know him better. This is obvious
especially among peers. So union members definitely get to know each other well, which is
very important in grievance handling cases.

4. PHYSICAL EVIDENCE
PROCEDURES FOR USE OF SOURCES

 Gathering of facts.

 Determine possible witnesses.

 Decide on order of interviews & conduct them promptly.

 Examine reports as well as records.

 Develop possible theories of the case

 Develop working hypothesis

 At all stages keep careful and complete notes

PROOF

Evidence is used to establish proof of a fact in the mind of the arbitrator. The degree of
proof required depends on the nature of the case and must simply satisfy the arbitrator.
There are three degrees of proof used by arbitrators in making decisions:

(1) Proof beyond a reasonable doubt - the strictest degree

(2) Clear and convincing proof - the moderate degree

(3) A preponderance of evidence - the minimum degree

A greater degree of proof will be required for cases determining more critical issues for the
individual, the labor/management relationship, and the law. Generally, arbitrators look for
clear and convincing proof in the majority of cases.
BURDEN OF PROOF

One party has the obligation to establish through evidence the issue to be proven.
This burden of proof consists of two elements:

(1) The burden of producing evidence

(2) The burden of persuading the arbitrator of the issue in dispute

The burden of proof depends on the nature of the case. Generally, in non-
disciplinary hearings, the grieving party, which is usually the union, bears the
initial burden. In disciplinary cases, it is usually the employer who has the burden
of proving just cause. The burden of proof may also shift. In arbitration, the concept
of burden of proof may be applied according to the particular arbitrator who may or
may not find it useful to decision making.
 PREPARATION OF THE WITNESSES

ENCOURAGE THE WITNESS TO:

1. Tell the truth.

2. Listen very carefully to the questions that are asked and to answer only the question asked in the most
direct and simplest way possible.

3. Ask for the question to be explained or restated if he or she does not understand the question.

4. Answer only "Yes" or "No" in response to questions from opposing counsel on cross-examination.

5. Maintain a calm and dignified position while testifying so as to enhance his or her credibility.

DISCOURAGE A WITNESS FROM:

1. Arguing with opposing counsel during cross-examination.

2. Offering explanations or attempting to rephrase the question and answer

3. Volunteering information that is not specifically asked

Any Queries?
Thank You.

Shriya Karve.