any formal complaint filed by an employee or union concerning any aspect of the employment relationship or any perceived violation of a contract provision

??

grievance

___ ___ is a core of continuous CB processes that specified four or five procedural steps that aggrivated employees, unions, and management representatives must follow when a complaint arises

??

grievance prodecure

What is the most common source of a grievance

??

union's honest belief that management has violated a provision of the existing contract

list the five steps in the grievance procedure

??

1. employee, steward, supervisor

2. written grievance

3. Steward, department head

4. union grievance committee, director of personnel

5. final and binding arbitration before neutral arbitrator

What does a written grievance include (4)**

??

1. what happened?

2. When did it happen?

3. Where did it happen?

4. Why is complaint a grievance?

list the five functions of grievance procedures

??

1. conflict management resolution

2. agreement clarification

3. communication

4. due process

5. strength enhancement

employee misconduct that warrant immediate discharge under normal circumstances without the necessity of prior warnings or attempts at corrective action

??

serious offenses

employee misconduct that utilize corrective action and do not discharge after first offense, provides multiple levels

??

minor offenses

how is the penalty for minor offenses handled?

given based on how many times the offense has occured

what is the progressive discipline for minor offenses

??

1. frist offence- oral warning

2. second offense - written warning

3. third offense - second written warning and suspension without pay

4. forth offense - termination

when an employee's misconduct becomes unacceptable a ___ ____ ___ can be negotiated btw the employer, union, and employee

??

last chance agreement

provides restrictions on employee discipline, prohibits discipline for union related activity, and prohibits discipline against stewards for giving assistance in the filing of a grievance

??

Labor management relations Act

What is the voluntary last step before arbitrations

??

grievance mediation

what are the advantages of having the neutral third party step in before arbitrations?

1. faster resolution of issues

2. both parties may present their case to the mediator

3. enables both parties to reevaluate their cases before proceeding to arbitration

4. federal mediation and conciliation service provides the service without charge

What were the findings of a 2005 study for 3,387 cases over 24 years that supported the use of greivance mediation over arbitration

??

1. cost savings

2. time savings

3. satisfaction with the process

4. increased ability to resolve grievances

offers the opportunity for a neutral, third party to assist the parties to reach their own settlement but is not a substitute for the process of arbitration

? 

grievance mediation

Four Supreme Court cases that have provided the legal foundation for arbitration as it exists today

??

steelworkers trilogy and Lincoln mills

process in which parties involved agree to submit an unresolved dispute to a neutral third party whose decision is final and binding

??

arbitration

An arbitrators award is not limited by the words of the contract. What are three factors that the arbitrator can consider?

1. past practice

2. common law of the shop

3. parol evidence

recognition of industry bargaining history as opposed to parties in particular case

??

common law of the shop

rule that prohibits the introduction of oral or written evidence that contradicts the written contract

?

parol evidence

*three statutes that govern private sector arbitration of disputes

??

1. Federal Arbitration Act (FAA)

2. Railway Labor Act (RLA)

3. Labor Management Relations Act (LMRA)

case: employment application contained arbitration clause, employee filed employment discrimination suit, court of appeals held that arbitration clause was unenforceable

?

Circuit City Stores Inc v. Adam

Why was the Circuit City Stores Inc. v. Adams case important

??

supreme court ruled that individual employment agreements that contain arbitration clauses can be enforced under the Federal Arbitration Act

occurs when a labor contract does not exist or when a change is sought; used infrequently

??

interest arbitration

type of arbitration that involves interpretation of existing contract terms and is found in almost every labor agreement

??

rights arbitration

Who selects and compensate the arbitrator

??

labor and management

most arbitrators are selected on an __ __ basis

??

ad hoc

a ___ ___ is generally the source of arbitrators

??

impartial agency

what are two impartial agencies

??

1. Federal Mediation and Conciliation Service

2. American Arbitration Association

True/False: Arbitrators are required to have specific educational training and technical training

??

False

What are the four general qualifications of an arbitrator

??

1. impartiality

2. integrity

3. ability and expertise

4. legal training

*arbitration board composed of equal membership of labor and management and a neutral member who serves as chairperson

??

tripartite arbitration board

challenge or whether a disputed issue is subject to arbitration under the terms of the contract

?

arbitrability

under ___, something is not an issue if both parties agree to submit dispute to the arbitrator

??

arbitratbility

usually short, presented in written form, and signed by the arbitrator- may include money, back pay, reinstatement for former position

??

 awards

separate from the award, statement of the reasons for the decision, well reasoned ___ can contribute greatly to the acceptance of the award

?

opinion

three decision criteria factors used by most arbitrators

??

1. labor contract language

2. past practice

3. fairness

sufficient or proper reasons for which management has the right to discipline or discharge employees

??

just cause

Name the common issues in arbitration cases

??

1. holiday pay eligibility

2. absenteeism

3. seniority recognition

4. management rights

5. incompetence

three characteristics of incompetence

??

1. shouldnt be treated as a disciplinary problem

2. proper remedies include additional training, transfer, or demotion

3. burden of proof usually on management to prove employee's incompetence

governs commercial arbitration situations such as business-business, employer-employee, and buyer-seller

??

Federal Abritration Act (FAA)

jurisdiction over disputes between employees and carriers in the railroad and airline industries

??

Railway Labor Act (RLA)

provides for arbitration of disputes involving collective bargaining agreements

?

Labor Management Relations Act (LMRA)