13.3 Administration of the Collective Bargaining Agreement

Language in a collective agreement is normally drafted very carefully. Employers must be cautious when interpreting the agreement, as there must be consistency in practice across the organization. If one supervisor interprets a clause one way and grants a benefit, and another supervisor has a different interpretation and denies the same benefit, there is a lack of fairness in the process, and it will likely result in a grievance.

When interpreting a clause in the agreement, words such as “may”, “will usually”, or “normally” imply discretion, meaning that you can say yes or no depending on the circumstances. Other articles will use much more precise language: “shall”, “will”, and “must” permit no discretion on the part of the supervisor or manager. To interpret an article, a supervisor must:

1. Pay attention to the context – does the situation match the situation in the collective agreement?
2. Make note of the specific language – what discretion, if any, is permitted by the language in the collective agreement?
3. What is the common practice in the organization? Your interpretation and application should be consistent with other supervisors and managers. If you are unsure, check with the Human Resources department.

A grievance procedure or process is normally created within the collective bargaining agreement. The grievance procedure outlines the process by which grievances over contract violations will be handled. This will be the focus of our next section.

Procedures for Grievances

A violation of the contract terms or perception of violation normally results in a grievance. The process is specific to each contract, so we will discuss the process in generalities. A grievance is normally initiated by an employee and then handled by union representatives. Most contracts specify how the grievance is to be initiated, the steps to complete the procedure, and identification of representatives from both sides who will hear the grievance. Normally, the HR department is involved in most steps of this process. Since HRM has intimate knowledge of the contract, it makes sense for them to be involved. The basic process is shown in Figure 13.8 “A Sample Grievance Process”.

The first step is normally an informal conversation with the manager, employee, and possibly a union representative. Many grievances never go further than this step, because often the complaint is a result of a misunderstanding.

If the complaint is unresolved at this point, the union will normally initiate the grievance process by formally expressing it in writing. At this time, HR and management may discuss the grievance with a union representative. If the result is unsatisfactory to both parties, the complaint may be brought to the company’s union grievance committee. This can be in the form of an informal meeting or a more formal hearing.

After discussion, management will then submit a formalized response to the grievance. It may decide to remedy the grievance or may outline why the complaint does not violate the contract. At this point, the process is escalated.

Further discussion will likely occur, and if management and the union cannot come to an agreement, the dispute will normally be brought to a mediator or arbitrator, who will work with the union and management to try and resolve the issue. A mediator  acts as an impartial third party and tries to resolve the issue. Any recommendation made by the mediator is not binding for either of the parties involved. Mediators can work both on grievance processes and collective bargaining issues. For example, when the National Football League (NFL) and its players failed to reach a collective bargaining agreement, they agreed to try mediation. [1] In this case, the agreement to go to mediation was a positive sign after several months of failed negotiations. In the end, the mediation worked, and the NFL players started the 2011–12 season on time. In Washington State (as well as most other states), a nonprofit organization is available to assist in mediations (either grievance or collective bargaining related) and arbitrations. The goal of such an organization is to avoid disruptions to public services and to facilitate the dispute resolution process. In Washington, the organization is called the Public Employment Relations Commission (PERC). Figure 13.9 “The Mediation Process for the Public Employment Relations Commission in Washington State”shows the typical grievance handling process utilizing the free PERC services.

If no resolution develops, an arbitrator might be asked to review the evidence and make a decision. An arbitrator is an impartial third party who ultimately makes a binding decision in the situation. Thus arbitration is the final aspect of a grievance.

Some examples of grievances might include the following:

1. One employee was promoted over another, even though he had seniority.
2. An employee doesn’t have the tools needed to perform his or her job, as outlined in the contract.
3. An employee was terminated, although the termination violated the rules of the contract.
4. An employee was improperly trained on chemical handling in a department.

Most grievances fall within one of four categories. There are individual/personal grievances, in which one member of the union feels he or she has been mistreated. A group grievance occurs if several union members have been mistreated in the same way. A policy grievance deals with basic contract issues surrounding seniority or pay, for example. Policy grievances are filed by the union, not an individual. The important things to remember about a grievance are that it should not be taken personally and, if used correctly can be a fair, clear process to solving problems within the organization.

[1] Associated Press, “NFL, Union Agree to Mediation,” February 17, 2011, accessed August 15, 2011, http://msn.foxsports.com/nfl/story/NFL-players-union-agree-to-mediation-federal-for-Labour-talks-CBA-021711.