Resolving Union Disputes

Employee dissatisfaction is a potential source of trouble for employers, whether it is expressed or not. Therefore, it is important that employees have an outlet to register dissatisfaction. A complaint, which is merely an indication of employee dissatisfaction, is one outlet. If an employee who is represented by a union believes that the company has taken an action contrary to the collective bargaining agreement, and submits it in writing, then that complaint becomes a grievance. A grievance is a complaint formally stated in writing. Management should address both complaints and grievances because they highlight possible issues with workers and potential problems within the workforce. Without a grievance procedure, management may be unaware of employee concerns and unable to respond appropriately. Therefore, a formal grievance procedure provides a valuable communication tool for organizations, whether a union is present or not. The U.S. Supreme Court has ruled that grievance arbitration decisions issued under labor contract provisions are enforceable and generally may not be overturned by the courts. In essence, the arbitrator has the final word on the decision. Grievance arbitration includes many topic areas, with discipline and discharge, safety and health, and security being common concerns.