Essay, 7 pages (1700 words)

What is the rationale behind grievance management

A grievance is a complaint formally stated in writing.It is an important that a dissatisfaction be given an outlet,and that is what grievance is for.Any factor involving wages, working hours or conditions of employment that is used as a complaint against the employer.The best way to handle grievance is to create a conducive work environment that will not promote dissatisfaction among employees.

Positive and harmonious working environments provide the best opportunity for people to be happy, productive and focused. Staff turnover drops and efficiency improves.While grievances are often thought of as undesirable and dysfunctional, they can have positive outcomes such as uncovering problems and building relationships – if they are faced reasonably and rationally.However, when the number of workplace grievances becomes excessive, or are not effectively dealt with, people get upset, efficiency drops, problems escalate, and if the issues involve harassment which is against the law, charges may arise.

b)[pic] In organized labor/industrial relations, collective bargaining involves workers organizing together (usually in unions) to meet, discuss, and negotiate upon the work conditions with their employers. Such bargaining normally results in a written contract setting forth the wages, hours, and other conditions which the parties agree on for a stipulated period.It is the practice in which union and company representatives meet to negotiate a new labor contract.

In various national labor- and employment-law contexts, the term collective bargaining takes on a more specific legal meaning. In a broad sense, however, it implies the coming together of workers to negotiate their employment-conditions.The collective bargaining process consists of a number of stages which is preaparation and initial demands,negotiations,settlements or impasse and strikes and lockout.

This phase involves composition of a negotiation team. The negotiation team should consist of representatives of both the parties with adequate knowledge and skills for negotiation. In this phase both the employer’s representatives and the union examine their own situation in order to develop the issues that they believe will be most important. The first thing to be done is to determine whether there is actually any reason to negotiate at all. A correct understanding of the main issues to be covered and intimate knowledge of operations, working conditions, production norms and other relevant conditions is required.

Next is the negotiation process between the related parties.Here, the parties decide the ground rules that will guide the negotiations. A process well begun is half done and this is no less true in case of collective bargaining. An environment of mutual trust and understanding is also created so that the collective bargaining agreement would be reached.This phase involves the initial opening statements and the possible options that exist to resolve them. In a word, this phase could be described as ‘brainstorming’. The exchange of messages takes place and opinion of both the parties is sought.

After reaching agreement,the bargaining parties usually return to their respective constituencies to determine an informal agreement is acceptable.negotiations are easy if a problem solving attitude is adopted. This stage comprises the time when ‘what ifs’ and ‘supposals’ are set forth and the drafting of agreements take place.Once the parties are through with the bargaining process, a consensual agreement is reached upon wherein both the parties agree to a common decision regarding the problem or the issue. This stage is described as consisting of effective joint implementation of the agreement through shared visions, strategic planning and negotiated change.

Negotiations may fail to lead to a completed agreement between parties. When good faith efforts fail to resolve the dispute or disputes between the parties, a legal impasse occurs. At the time impasse occurs, active bargaining between the parties is usually suspended.Parties usually go through a series of options once an impasse has occurred, though public and private school teachers’ options may differ. The first step after an impasse is declared is usually mediation. When parties employ a mediator, the mediator acts as a neutral third party to assist the two sides in reaching a compromise.

Mediators lack power to make binding decisions, and they are employed only as advisors. Many state statutes require use of mediators in the public sector upon declaration of an impasse.Parties may employ a federal mediator, though federal labor laws do not prescribe further options regarding dispute resolution.If mediation fails, many state statutes require the parties to employ a fact-finder, who analyzes the facts of the bargaining process and seeks to recognize a potential compromise.

The parties are not bound by the recommendations of the fact-finder, though it may influence public opinion regarding the appropriate resolution of the dispute. However, this step in the process may not bring resolution to the dispute. In some states, fact-finding is the final stage of impasse resolution, leaving the parties to bargain among themselves.A third option is arbitration, though this is generally only employed in the public education sector. An arbitrator is a third party who performs functions similar to a fact-finder, yet the arbitrator’s decision is binding on both parties.

In several states, arbitration is permissive, meaning parties may submit their dispute to an arbitrator after fact-finding if they so desire. Some states mandate use of binding arbitration, often as an alternative to the right to strike.

If a deadlock is cannot be resolved,then an employer may revert to a lockout or a strike. During the strike, union members refuse to work in order to put pressure on the employers.Often, the striking union members picket or demonstrate against the meployer outside the place of business by carrying placards and signs.In lockout, managements shuts down company operations to prevent union workers from working.

Various tools can be used for dispute resolutions provided in the Industrial Relations Act. a)Explain four (4) tools used in settling disputes. (16 marks) b)As the new head of a trade union you are required to explain the rules and procedures relating to dispute resolution in Malaysia to the union members. (9 marks) a) Trade dispute is any dispute between an employer and his workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of the workmen.There are several tools to settle these disputes which are direct negotiation , conciliation, arbitration and mediation.

Direct negotiation ist the ideal method for settling a dispute is where the two parties involved (the employer and the union) are willing to come together for discussion until a satisfactory compromise is reached.Negotiation typically manifests itself with a trained negotiator acting on behalf of a particular organization or position. It can be compared to mediation where a disinterested third party listens to each sides’ arguments and attempts to help craft an agreement between the parties. It is also related to arbitration which, as with a legal proceeding, both sides make an argument as to the merits of their “case” and then the arbitrator decides the outcome for both parties.

There are many different ways to segment negotiation to gain a greater understanding of the essential parts. One view of negotiation involves three basic elements: process, behavior and substance. The process refers to how the parties negotiate: the context of the negotiations, the parties to the negotiations, the tactics used by the parties, and the sequence and stages in which all of these play out. Behavior refers to the relationships among these parties, the communication between them and the styles they adopt.

Conciliation is the process of arriving at a settlement of a trade dispute with the help of a third, neutral party. In trade disputes, conciliation is carried out by officer of the Department of Industrial Relations. Conciliation can be voluntarily requested by either of the disputing parties or the Direct General of Industrial Relations may intervene “in the public interest”, requiring the parties to attend a conciliation meeting. This is known as compulsory conciliation and is common in public utilities and other important industries where the public might be inconvenienced if a settlement is not found quickly

.Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimizes parties needs, takes feelings into account and reframes representations.In conciliation the parties seldom, if ever, actually face each other across the table in the presence of the conciliator.

When the disputing employer and union cannot find a solution by themselves or with the help of the Department of Industrial Relations, arbitration may be the only way to settle the dispute. In arbitration, an impartial third party is given the authority to settle the dispute by examining the information given by both sides and making a judgment.an impartial third party is given the authority to settle the dispute by examining the information given by both sides and making a judgement.

Parties involved must accept the decision as binding. In Malaysia, only the Industrial Court has the power to arbitrate labour disputes. Arbitration can be either voluntary or mandatory and can be either binding or non-binding. Non-binding arbitration is, on the surface, similar to mediation. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability.

Mediation is a relatively rare method of settling a trade dispute. Mediation is similar to conciliation I that a neutral third party is called in by the parties to a dispute to help them find a settlement, but the mediator is not usually from the government. He is a person who is considered unbiased and impartial and is sufficiently respected and trusted by both parties.Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Normally, all parties must view the mediator as impartial.

Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters. A third-party representative may contract and mediate between (say) unions and corporations. When a workers’ union goes on strike, a dispute takes place, and the corporation hires a third party to intervene in attempt to settle a contract or agreement between the union and the corporation.

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