COMM 392 Administration of the Collective Agreement

What are the similarities and differences between a

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Unformatted text preview: etoengagetheservicesofalawfirmtodealw/ anygrievancestakento arbitration o Inconsultationw/legaladvisersemployerdeterminewhethertopro ceedw/anarbitration (potentially costly) or attempt to settle ! Prolongs time for a resolution ! Either party will not go for arbitration if they believe there is a possibility they might lose WHY the grievance/arbitration process is effective at resolving workplace disputes: - necessary b/c many sources of conflict between parties during term - disagreements regarding meaning of contract terms - ambiguous terms in contract Problems with grievance arbitration and alternatives - Delay - Expense " Alternatives: expedited arbitration and grievance meditation to ↓ costs and improve the union- mgmt relationship Grievance referred to arbitration. What are the similarities and differences between a grievance and arbitration? Similarities Differences • Grievances and arbitration are mandatory in the collective agreement • Disputes can be settled without the interruption of work • Provides communication between employer and union members Grievance is a written complaint with four stages spelled out in the collective agreement Arbitration is the resolution of the complaint after it has gone through the four stages in the grievance procedure. The end result involves a subjective third party negotiating an agreement between the two parties and resolving the issue Possible limitations on the exercise of management rights: The management rights article - Important term of the collective agreement - Employer can rely on it to hire employees and make other operational decisions - Important that managers avoid an stopped argument being raised by the union o Managersshouldbecautiousregardingstmtsorconductthat...
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