GRIEVANCES REPORT-personnel administration.pptx

powerpoint personnel admin

1. EMPLOYEE GRIEVANCES JHONARS KENNETH T. BACUETES IAN FRANCIS G. OJEDA

2. GRIEVANCE PROCEDURE provides a systematic process for hearing and evaluating the complaints of employees REPORTER | JHONARS KENNETH T. BACUETES

3. GRIEVANCE PROCEDURE protects the right of employees and eliminate the need for strikes every time a disagreement occurs about the labor contract.   REPORTER | JHONARS KENNETH T. BACUETES

4. DISCIPLINE PROCEDURE provide a systematic process for handling problem employees. 01 its goal is to help employees perform better; but if they fail to respond, a procedure is needed for firing them as a last resort 02

5. GRIEVANCE is a complaint about an organizational policy, procedure or managerial practices or discomfort, whether it is valid or not ( Paul Salipante and Rene Brownen ) REPORTER | JHONARS KENNETH T. BACUETES

6. GRIEVANCE in unionized firms, it refers to any question by either the employer or the union regarding the interpretation of the collective bargaining agreement or company personnel policy or any claim by either party that the other party is in violation of any provision of the CBA or company personnel policy REPORTER | JHONARS KENNETH T. BACUETES

7. GRIEVANCE in non-unionized firms, it defines as any discontent or sense of injustice, even criticisms that are never expressed by employees REPORTER | JHONARS KENNETH T. BACUETES

8. GRIEVANCE referred to in Title VII-A of the Labor Code is a dispute or controversy between the employer and the collective bargaining agent arising from the interpretation or implementation of their CBA and/ or those arising from the interpretation or enforcement of company personnel policies, for the adjustment and resolution of which the parties have agreed to establish a machinery or a series of steps commencing from the lowest level of decision- making in the management hierarchy and usually terminating at the highest official of the company REPORTER | JHONARS KENNETH T. BACUETES

9. CAUSES OF GRIEVANCES Differing application and interpretation of the Collective Bargaining Agreement Grievance frequently arise due to unclear contractual language that creates differing interpretation, application and administration of its provision. REPORTER | JHONARS KENNETH T. BACUETES

10. CAUSES OF GRIEVANCES 2. Perceived unfair treatment of the employee by the supervisor or ineffective or inadequate supervisor or ineffective or inadequate supervision Grievances usually arise when supervisors behave dictatorially, when they refuse to listen to employees’ complaints, when they are unfair or inconsistent in disciplinary actions, when they give inadequate or unclear instructions, or actions, or when they fail to keep employee informed. REPORTER | JHONARS KENNETH T. BACUETES

11. CAUSES OF GRIEVANCES 3. Violation by management of the labor of agreement or violation of the law REPORTER | JHONARS KENNETH T. BACUETES

12. CAUSES OF GRIEVANCES 4. Grievances inspired by the Union leaders Some union stewards are oriented towards submitting grievances. Even when he offended employees decides not to file the grievance, some stewards will file the grievance in the name of the union. Some union representatives solicit grievances because they want to retain their position in the union. REPORTER | JHONARS KENNETH T. BACUETES

13. CAUSES OF GRIEVANCES 5. Lack of clear-cut company labor policy This may cause confusion or misunderstanding on the part of the employees especially when there is no union to protect their interest or no effective employer-employee channels of communication exist. REPORTER | JHONARS KENNETH T. BACUETES

14. Who Can File a Grievance Generally, employees initiate a grievance. Labor Code of the Philippines, Article 225 states that an individual employee or group of employees shall have the right or present grievances to their employer REPORTER | JHONARS KENNETH T. BACUETES

15. Who Can File a Grievance Thirdly, while employers do not as general rule initiate a grievance, it would be prudent to include in the CBA granting the employer such right, especially in cases where the employer may wish to use the grievance machinery to resolve a question over a vague or indefinite provision of a CBA REPORTER | JHONARS KENNETH T. BACUETES

16. Grievance Procedures in Unionized Firms as Provided in their CBA The employee who has a grievance or claim shall submit this to his immediate supervisor. 01 Submitting the grievance to the employee’s union representative. 02

17. Grievance Procedures in Unionized Firms as Provided in their CBA Appealing the grievance to the top management representative with the top union officials. 03 Submitting the grievance to arbitration. 04

18. To reduce the grievances that are appealed, supervisors are encouraged to follow these recommendations: Receive and treat all complaints seriously and give the employee a full hearing. 01

19. To reduce the grievances that are appealed, supervisors are encouraged to follow these recommendations: Get the fact by handling each case as though it may eventually result in arbitration. This can be done by checking very angle of the complaint, checking the provision of the existing CBA, the company policy, Examining the employee’s record. 02

20. To reduce the grievances that are appealed, supervisors are encouraged to follow these recommendations: Carefully examine all the evidence before making a decision. Avoid lengthy delays. 03

21. To reduce the grievances that are appealed, supervisors are encouraged to follow these recommendations: Follow-up to make sure the plan of action is properly carried out by means of correcting conditions which could result in a similar grievance happening again. 04

22. Responsibility of the Union Steward and Foreman in Handling Grievances Union stewards and foreman must see to it that grievances are presented only when there is real basis for complaint or there is a need for a decision. If the stewards are convinced that the worker does not have a real case, it is better to tell him right away. REPORTER | JHONARS KENNETH T. BACUETES

23. Responsibility of the Union Steward and Foreman in Handling Grievances The foreman or supervisor on the other hand, should be trained in the human relation aspect of their jobs. They should be ready to listen first before they start debating with the employees. REPORTER | JHONARS KENNETH T. BACUETES

24. represents the final stage in the dispute resolution process Voluntary Arbitration

25. Scope of Voluntary Arbitration Unresolved Grievances arising from CBA. 01 Unresolved grievances arising from personnel policy enforcement and interpretation including disciplinary cases. 02

26. Scope of Voluntary Arbitration Under Article 262 of the Labor Code, all other labor disputes including unfair labor practices and bargaining deadlocks may also be submitted to voluntary arbitration upon agreement of the parties 03

27. Scope of Voluntary Arbitration All unresolved wage distortion cases as a result of the application of the wage orders issued by any Regional Tripartite Wages and Productivity Board in establishments where there is collective bargaining agreement or recognized labor union. 04

28. Scope of Voluntary Arbitration All unresolved disputes, grievance, or other matters arising from the interpretation and implementation of a productivity incentives program which remains unresolved within 20 calendar days from the time of the submission to labor management committees . 05

29. defined as any person accredited by the National Conciliation and Mediation Board, or anyone named or designated in the CBA by the parties, to act as their voluntary arbitrator. Voluntary Arbitration

30. General Authority to investigate and hear the case upon notice of the parties and to render a decision based on the contract and record of the case. AUTHORITY OF AN ArbitratOR 01

31. Incidental authority to perform all acts necessary to an adequate discharge of his duties and responsibilities like setting and conducting of hearing, attendance of witnesses and proof documents and other evidences, fact finding and other modes of discovery, reopening of hearing, etc. AUTHORITY OF AN ArbitratOR 02

32. Special power in aid of his general contractual authority like the authority to determine arbitration of any particular dispute and to modify any provision of the existing agreement upon which a proposed change is submitted to arbitration. AUTHORITY OF AN ArbitratOR 03

33. Identification of the issue or issues involved Developing its factual basis or background. Determining the contract provisions involved. Evaluating the merits of the grievance in the light of the factual background and applicable rules. Working out a fair and just settlement. Processing the Grievance 03 | 02 | 04 | 05 | 01 |

34. Presentation of employee problem/s to the foreman or supervisor who is expected to settle the problem within the specified period. Grievance Procedures in Non- unionized Firms 01

35. If not satisfied, the employee can elevate the complaint to the next higher level to resolve the grievance. Grievance Procedures in Non- unionized Firms 02

36. The problem or case may be taken to arbitration for final decision if no satisfactory solution has been reached by the above procedures. Grievance Procedures in Non- unionized Firms 03

37. THANK YOU! FOR LISTENING ALAN COREN To have a grievance is to have a purpose in life