INDIVIDUAL ESSAY 5
The case presented by Frank requires the union to provide counsel onhow to file a grievance. As the shop steward, representing theemployee, a number of actions must be taken prior to responding toFrank’s question on what he needs to do to be reimbursed.
The first step entails conducting an investigation. The investigationinvolves gathering information about Frank’s job requirements orthe contract agreement between Frank and his employer. It isimportant that as the union representative, I have preciseinformation that will be used in accessing whether the employer’sdecision is in line with the collective bargaining agreement. Theagreement is made between an employee and the employer. It is aneffective tool, used by unions to file for grievances in instanceswhen the employer fails to comply with the agreement. A grievance canonly be filed when any of the provision stipulated in the agreementhas been violated.
I should be aware of the sick leave provisions provided by Frank’semployer. The provisions make it possible to evaluate whether therewas a violation of Frank’s rights. Depending on the contractagreement, the employee is likely to be successful or unsuccessful infiling a grievance for reimbursement. The need to reimburse theemployee can only be considered a grievance, when there isjustifiable proof that the employer has violated the contractprovision on sick leave.
Once I have identified that Frank’s employer has failed to meetthe terms of the collective bargaining agreement, the next actioninvolves writing the grievance. According to Holley et al. (2012),“grievances are usually written out at the first or second steps”of investigating alleged employer’s violation of an employee’srights. The written grievance is significant because it acts as aguide on the specific issue being addressed. It reduces the emotionsthat may arise during verbal presentation of the grievance by Frank.In addition, a written grievance will be helpful in ensuring that Iconcentrate on Frank’s original grievance.
I will be required to document the complaint. The complaint should beproperly documented in a grievance form that clearly describes theissue. In addition, the form incorporates the name and contactinformation of the complainant. While writing the grievance, I willdetermine whether to use a therapeutic or legalistic approach. Themost appropriate approach in Frank’s case is the legalisticapproach. It is an approach that demonstrates how the complaint isrepresentative of a violation of the terms defined in the workagreement between the worker and employer (Holley et al., 2012).
Another action that must be taken involves determining the subjectof the grievance. There are many subjects that are used during thegrievance negotiation process. The subject is important because itenhances the clarity of the grievance. As a result, both partiesinvolved in the disagreement are properly informed on the issue toaddress. In Frank’s case, the grievance falls under the subject ofeconomic issues. As an hourly worker, he has been denied his paymentfor the specific day he was absent from work. Considering that Frankhas a justified reason for missing work, he has the right to bereimbursed. Thus, the grievance is related to wages that falls underthe subject of economic issues.
I must familiarize with the steps followed in a grievance procedure.First, Frank is required to discuss the complaint with his employer.The step has already been completed, since the note presented byFrank explains that the employer has already made the decision not toreimburse the worker. As a union representative, I will inform Frankthat we can attempt to solve the issue informally by negotiating withmanagement. Negotiation is considered as a first step because ittakes a shorter period to resolve the issue. It also ensures that theemployee is back to work as soon as the complaint is resolved.
Depending on the success of the first step, the union is supposed toadvice the employee to either accept or refute the decision arrivedat by the management as a second step. As the union representative,it is important that I am aware of the actions taken by Frank’scompany in solving similar complaints. The information is crucial ininforming on whether negotiation will be effective or ineffective.Supposing that the outcome expected from the negotiation isineffective, it would be more advisable to present the issue to thecompany’s labor relations representative.
As a third step, the labor relations representative as well as othermanagement officials are included in the grievance resolutionprocess. At this stage, it is important that I am aware of the mosteffective way to present the grievance. It is an opportunity forFrank to convince the company that indeed a violation was conductedand he needs to be reimbursed. As the grievant, Frank is in aposition to present his concerns to many officials in the company’smanagement team. The advantage of this third step is that majority ofthe management officials are not personally involved in the reasonfor the complaint. Hence, they are likely to assess the situationobjectively.
Holley, W. H., et al. (2012). Contract administration: Laborrelations process. Mason: South Western-Cengage Learning.
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