Labor & Conflict Mgt
Labor & Conflict Mgt MAN 6297
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Date Created: 10/12/15
MAN 6297 LABOR AND CONFLICT RESOLUTION Fall Semester A 2013 TEAM ASSIGNMENT 3 GRIEVANCE EXERCISE Inclass exercise on May 251 20131 There are three 3 different grievance exercises l a class action grievance under a collective bargaining agreement which applies to a speci ed group of employees within the bargaining unit39 2 a grievance under a collective bargaining agreement in which the union is pursuing a grievance on behalf of an individual bargaining unit member over discipline specifically termination of employment and 3 a grievance in a nonunion environment regarding a complaint over an annual performance appraisal in accordance with the Company s policy Each Team should prepare a written grievance If the grievance is brought under a collective bargaining agreement all Articles and Sections of the collective bargaining agreement should be referenced the basis for the relief should be identified ie why the acts violate the agreement and the remedy or relief requested Hint you may want to find grievance forms actually used by unions in filing grievances under a collective bargaining agreement As to the individual nonunion grievance it also should be in writing and contain similar information as a union grievance includes Remember in addition to the union election campaign team assignment which involved all students students are required to be involved in 3 of the 4 other Team Assignments About 5 or 6 members of each Team will be directly participating in this exercise Those students not participating in this grievance team exercise must participate or have participated in all three out of the other remaining Team Assignments in collective bargaining mediation and arbitration Page 1 of7 TEAM ASSIGNMENT 3 Continued The grievances presented from the union Team A and Team B are based on the collective bargaining agreement set out in the text on pages 376 through 398 The employer is General Manufacturing amp Fabrication Company and the union is Local 384 United Steelworkers of America The individual nonunion grievance Team C arises out of Community Bank of Dade not a real bank which employees 500 employees throughout numerous branches in MiamiDade County Each branch has a Branch Manager and all departments have an Executive VicePresident in addition the Bank has a Human Resources Department with several HR specialists and an HR Director Team A Union Class Action Grievance The facts for this grievance are as set forth in pages 496497 of the text with the following changes39I the grievance will be entitled a Class Action Grievance and the grievance will go through all ste1 The supervisor for purposes of the Step 1 grievance hearing will be Mary Jones the Step 2 Grievance will be heard by the Department Superintendent George Lawrey and Step 3 representatives for the employer will be Carolyn Foster HR Director George Lawrey and Mary Jones For the Union in Step 1 will be Shop Steward Bonnevill39 in Step 2 Steve will be joined by Union Business Agent Joey Amarone39 and in Step 3 Steve and Joey will be joined by Industrial Engineer Thom Ed Ison The Union representative should prepare the Class Action grievance form The Employer will prepare a written Step 1 response as well as a written Step 2 response In class we will conduct the Step 1 Step 2 and Step 3 hearings The Union should assume denial of the grievance at Step 1 and Step 2 The Employer should begin preparing a draft written response for Step 3 to be put in final in class The grievance form should be posted on the Course Blackboard under Discussions for Team 3 Assignment by Thursday May 23 2013 The grievance responses will be presented in class on Saturday Page 2 of7 Team B Individual Grievance Under a Collective Bargaining Agreement As discussed above the Collective Bargaining Agreement in the text will apply to this grievance THE FACTS ARE AS FOLLOWS Steve Drill is an 18 year employee who has held the position of machine shop lathe operator for the past 12 years He is considered a skilled production level 3 employee His direct supervisor is Thor Timid who is the machine shop supervisor Another machine shop employee who works on the fabricator machine George Meany is a skilled production level 1 employee who has worked for the company for three 3 years On September 5 George Meany called Steve Drill a sissy because Steve had been riding his bike to work the last month due to the high price of gasoline Steve then asked George why he was calling him a sissy George said because Steve had been riding his bike to work and that showed that he was not a real American guy Steve then said to George that I m riding my bike because I can t afford to take the price of gasoline because your F ing countrymen in Iran are ripping everybody off and even might try to start a nuclear war so go screw yourself George then hit Steve who in response struck George in the face and broke his nose The entire exchange was witnessed by the Supervisor Thor Timid and two other employees who work in the machine shop Both employees were immediately suspended pending further investigation After one week the Company concluded that Steve had violated the No Fighting Policy as well as the Companies EEO Policy by his comments As a result Steve was terminated George who had complained of discrimination and harassment through Steve s comments was found to have violated the Company s policy against fighting and was given a one week suspension without pay The Union now is bringing a grievance on behalf of Steve Drill claiming that his termination was not proper Present at the Step 1 grievance hearing will be Steve Drill Union Steward Tony Tuff and Supervisor Thor Timid Page 3 of7 Present at the Step 2 grievance hearing Steve and Tony will attend on behalf of the Union and Thor and Superintendent Brianna Big will attend on behalf of the Employer At the Step 3 grievance hearing Steve and Tony will be assisted by Union Field Representative Sally Smart The Employer will be represented by HR Director Carolyn Foster as well as the Superintendent and Supervisor The Grievance Form should be posted on the Course Blackboard by Thursday May 23 2013 Draft responses for the Step 1 2 and 3 hearings should be prepared with nal revisions prepared in class on Saturday Team C Individual Grievance i NonUnion Company As explained above the employer is Community Bank of Dade a private sector company without any union The Bank has disseminated policies to employees including the following PROBLEMSOLVING FAIR TREATMENT PROCEDURES From time to time grievances may arise between an employee and his or her Supervisor A grievance is defined as any issue or concern an employee may have with a Supervisor or job duties It does not include grievances an employee may have with Bank policies or procedures When such grievances arise the following procedures provide employees an opportunity to present their position and for management to carefully consider possible solutions to the problem Utilization of these procedures is voluntary and employees may use them without penalty or fear of reprisal Every effort should be made to resolve grievances within two 2 weeks of the employee s initial complaint to the Supervisor All efforts are made to provide confidentiality Information will only be provided to others on a needtoknow basis Page 4 of7 If an employee wants to voice a concern the employee should 1 Report the matter to his or her supervisor 2 If the supervisor is unavailable or the employee believes it would be inappropriate to contact that person the employee may contact the supervisor s direct manager 3 If the employee is not satisfied with the results from the supervisor s direct manager the employee may contact Human Resources 4 If employee is not satis ed with the results from Human Resources Human Resources and the employee s department Executive VP will determine the final outcome and solution to the concern For clarification of policies or procedures the employee may seek assistance from their Supervisor or Human Resources Case Facts Suzie Squeekee is a five year employee of the bank Suzie is an accountant assistant who works in the Bank s Flagler Street Branch under the supervision of Mandy Mutterer Accountant Supervisor The Flagler Street Bank Manager is Fred Formal Suzie has just received her fourth Annual Performance Appraisal while was prepared by her Supervisor Mandy Mutterer Mandy spoke with Suzie several times during the past year and advised Suzie among other things that Suzie was making too many mistakes was working too slowly and was failing to check with various bank branch managers to confirm necessary accounting information Mandy did not provide any written counseling discipline or memos to Suzie throughout the year However Mandy did maintain a personal log book in which she noted several conversations with Suzie Also Mandy did advise Branch Manager Fred Formal of her concerns and discussions with Suzie Page 5 of7 On August 17 Supervisor Mandy Mutterer called in Suzie Squeekee to review her Annual Performance Appraisal In the Performance Appraisal Mandy rated Suzie as needs improvement in the following categories 1 timely completion of work 2 thoroughness of work and 3 initiative In all other ranked categories seven other categories Suzie received satisfactory Mandy gave Suzie an overall ranking of 25 rankings are from 1 to 5 It is the bank s procedure that for an employee to receive an annual step wage increase they must receive 275 or more in their overall rating Because Mandy was upset about her Performance Appraisal she prepared a written grievance Suzie presented the written grievance to Mandy and had a Step 1 meeting Mandy did not accept Suzie s grievance Specifically Mandy stated that she would not modify Suzie s Annual Performance Appraisal to increase her overall rating to 275 Suzie then requested a meeting Step 2 with Branch Manager Fred Forman and Mandy Again Suzie s grievance was denied Pursuant to the Bank s policy Suzie then contacted HR Assistant Jenn General an HR Generalist to pursue her grievance to the next level Step 3 Suzie then met with Jenn for a Step 3 meeting Again Suzie was not satisfied with the decision As a result and in accordance with the Bank s policy Suzie requested a Step 4 grievance meeting with HR Director Mary Jane Bright and Suzie s Department Executive Vice President ALynn Green Spann Please prepare Suzie Squeekee s grievance in writing and post it on the Course Blackboard by Thursday May 23 2013 In class Saturday we will conduct Step 1 Step 2 Step 3 and Step 4 Grievance Hearings The Bank s representatives should prepare brief written grievance responses for the Step 1 2 and 3 Grievance Hearings In class after the Step 4 hearing the Bank will prepare and provide a Step 4 Grievance Response Page 6 of7 TEAM ASSIGNMENT 3 NUMBER OF STUDENTS PARTICIPANTS amp ROLES Team A minimum ve 5 and maximum six 6 students Employer Group Union Group 1 Mary Jones 1 Steve Bonneville 2 George Lawrey 2 Union Business Agent Joey Amarone 3 Carolyn Foster 3 Industrial Engineer Thom Ed Ison Team B minimum four 4 and maximum ve 5 students Employer Group Union Group 1 Thor Timid 1 Steve Drill 2 Brianna Big 2 Tony Tuff 3 Carolyn Foster 3 Sally Smart Team C minimum ve 5 and maximum six 6 students Employer Group Employee Group 1 Mandy Mutterer l Suzie Squeekee 2 Fred Formal 3 Jenn General 4 Mary Jane Bright 5 ALynn GreenSpann Page 7 of7