What Is the Cause of Disputes and the Contractual Means Used for Resolving Them?

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MGT 441
Module 6 Assignment
Joyce Washington

Contractually Solving Disputes

According to Possum, 2011, there are several major concerns for disputes. They include, discrimination rules, past practice, outsourcing, subcontracting working conditions, production standards, supervisors doing production work, hours of work, individual personnel assignments, work assignments, incentives, and discipline. Possum states that the seven grievances are: “pay (17 percent), working conditions (16 percent), performance and permanent job assignments (16 percent), discipline (14 percent), benefits (14 per cent), management rights (7 percent), and discrimination (6 percent)” pp. 471-474. Grievances are resolved through a four step procedure according to Possum. In Step 1, an employee or employees file a complaint with the union steward. The steward can access or assist the employee in writing the grievance and presents it to the supervisor. In Step 2, if the initial complaint is not resolved in Step 1, the union steward will take the grievance to the plant industrial relations representative (IR). If the IR denies the complaint, it will proceed to Step 3. Step 3 is only used if the situations not resolved in Steps 1 or 2 and are usually settled at this step. They can be settled locally while the union is represented by its local negotiating committee and the company is represented by its top IR manager of plant manager. The end result is Step 4. The grievance is submitted to an arbitrator, who listens to the evidence from both parties, and declares an award.

Interest and Rights Arbitration

Interest arbitration is a process by which the issues are not resolved in bargaining between the employer and the union may be presented to an impartial arbitrator for final resolution. Interest arbitration is a mechanism that can resolve a bargaining dispute. An impartial third party arbitrator is hired when the employer and union becomes stagnant on the...
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