CAPIZ STATE UNIVERSITY

Main Campus, Roxas City

GRADUATE SCHOOL
Master in Public Administration
PA 215 Public Personnel Administration
Reporter: MARY GRACE F. SOMIL
DELFIN

Professor: DR. NILO D.

TOPIC: GRIEVANCE PROCEDURE

Grievance a disagreement between an employee and the employer on the terms
or condition of employment. Causes of grievance may include, but not limited to,
complaints concerning wages, hours of work, working conditions, performance
evaluations, job assignments, or the interpretation or application of a rule,
regulation or policy.
Grievance (for Unionized firms) any question by either the employer or the union
regarding the interpretation or application of the CBA or company personnel
policies, thus referring only to a specific disputes concerning any violation of the
CBA or the labor code.
Grievance (Perfecto Sison) may be any dissatisfaction, complaint, irritation, or
misunderstanding that he thinks or feel is wrong or unfair.
A grievance refers to a complaint in writing which has, in the first instance and in
the employees opinion, been ignored, overridden or dropped without due
consideration. (Section 1 b) of Rule XII of the Omnibus Rules Implementing Book V
of Executive Order No. 292 & other Pertinent Civil Service Laws)
Nature of Grievances
1. Individual Differences No two persons are alike. Individuals differ in physical
and mental heritage, educational and work experiences, social environment,
and economic circumstances. These differences influence their attitudes,
behavior and reactions to events in their day-to-day relations, at their jobs,
with their supervisors and co-workers.
2. Attitudes of Supervisors It is a major responsibilities of the supervisors to
discover and settle complaints and grievances. It is true that no supervisor
can eliminate every grievance but he can reduce them to a minimum if he
knows how to locate and handle them.
Causes of Grievances (Produced by the interaction of several behavioral factors
1. Application and interpretation of the collective bargaining
agreement. Grievances arise due to unclear language that leads to different
interpretation of the CBA.
2. Absence of a clear-cut company labor policy. May cause some confusion
or misunderstanding on the part of the employees, especially where there is
no union in the company and effective employer-employee channels of
communication.
3. Ineffective or inadequate supervision. Grievances generally arise from
poor supervision, poor planning or schedules or assignments, employees
lack of confidence in their supervisors because of lack of leadership ability,
discrimination or unfair treatment.
4. Inadequate communication Common source of conflict is inadequate or
inconsistent orders and instructions from the supervisor who assumes that he
put his message across to the worker by just issuing a circular.

5. Personal problems. Grievances are also caused by personal problems of

employees outside the firm, such as family problems, financial difficulties,
vices, bad living habits, and personal relationships with people.
6. Union inspired grievances. In unionized firms, employees sometimes
bring up grievances because of union prodding. One can often tell that a
grievance is union-inspired when the union takes an overly active part in
prosecuting it. Although the grievance may be a minor one, the union
generally makes a big issue of it.
7. Improper selection and placement. It is a frequent cause of gripes and
complaints. An employee is likely to be dissatisfied if he is misplaced in his
job, either because his duties and responsibilities are too difficult for him or
because the job is too low for his ability, training, and experience.
8. Lack of orientation or training of new employees. Orientation of new
employees is the first step in making employee understand his relationship
with the company, his supervisor, and his fellow workers.
9. Favoritism. Discrimination against workers results in grievances.
10.Poor organizational structure. Poor organizational structure will surely be
a cause for inefficiency and grievance.
11.Poor systems and procedures. When systems and procedures are not well
integrated, congestion, backtracking, bottlenecks and possible relations
conflicts will occur and cause employees gripes.
12.Lack of appropriate facilities. Employees will complain if they are required
to come up with results without necessary tools, facilities and equipment they
need to produce the expected results.
13.Improper implementation of policies. Not only must policies be proper
and appropriate, but they must also be administered in such a way that they
produce positive results and not resentment among the employees.
INVESTIGATING THE GRIEVANCE
1.The Background-Violation of company policy,rule or order?The employee
aware of the policy ,rule or order ,furnished a copy of it ,before he committed
violation?
2.The subject of the grievance -Was the employee given enough opportunity to
explain his side of the case,in accordance with due process
3.The solution or settlement-Under the Labor Code,the employee should be
treated as a human being.Have been similar cases decided by the National Labor
Relations Commission.
METHODS OF SETTLING GRIEVANCES
The Supervisors Role: Guidelines in Handling Grievances
1. Accept the responsibility for handing the grievance-As supervisor you are
responsible for handling the problems, complaints and grievances of your
subordinates.
2. Listen to the Complaint-If you a supervisor and your employee brings his
grievance to your attention and you listen attentively and try to understand
the problem from the employees point of view as well as from that of the
company.
3. Get all the facts-You should write down the problem as you understand
them making sure that you get the employees point of view.
4. Know your employees. This knowledge will guide you in handling them
and their problems. You must be alert to spot personality changes in your
subordinates.
5 .Study the settlement desired- If a decision cannot be made at the
moment tell the employee to come back and do not fail keep the
appointment.
6. Supervisors should know the company policy and regulations union
agreement and the Labor Code-To be able to handle the employee
grievances, you must know thoroughly the company policy and regulations,
the provisions of the collective bargaining agreement and essential
provisions of the Labor Code.

7. Communicate the fact to your supervisor-Before making a decision, it is

advisable to keep your superior informed about the grievance from the
beginning and your proposed decision.
8. Make your decision and take action promptly-Promptness in settling the
grievances is necessary but take time to investigate and be sure your
decision is sound and will be backed up by your superior and top
management.
9.Keep records of all the grievances-Keep a records of all complaints and
grievances including the minor once which were settled in the first and
second steps and review them at least once a year in order to assess what
caused these grievance and the reasons for the misunderstanding.
10. Follow up-Follow up the action to find out it effects. This will enable you
to know what modifications or adjustments should be made.
The Role of Management in Minimizing Grievances
1. A definite plan for handling grievances in the organization-responsibility
and authority must be clearly defined among the various supervisory
levels.
2. Simple, clear-cut and concise grievance procedure to communicate to all
levels of personnel-A Manual of Personnel Policies and Procedures and will
very useful to supervisor in handling in personnel problems.
3. Strong responsible management leadership in handling personnel
problems-complaints and grievances must be handled speedily but snap
judgments must be avoided.
4. Careful selection and placement-Stressed earlier the source of most
problems involving personnel is faulty selection and placement of
employees
5. Effective training of supervisor and employees-Supervisor are primarily
the leaders and trainers of the employees, it is essential that supervisor
have in proper training and human relations.
6. Right attitude toward the aggrieved party and his gripes-Management
should always open its door to employees with problems but it must not by
pass lines managers in making decisions.
7. Fairness in the settlement of grievances-Appeal channels to top
management should be kept open and free from reprisals by supervisors.
8. Employee counseling-Employees may have on-the-job problems or
problems of
personnel nature that can be seriously affects their
affectiveness.
Remember when handling grievances check these points:
1. Receive the grievance properly
Give the man a good hearing
Ask him to repeat his story
Repeat essentials in your own words
Assure him of an answer
2. Get the facts
Check every angle
Check the union agreement
Check the company policy
Examine employees record
3. Take action
Make correction if Company is wrong
Maintain your position if right
Communicate fact to your boss
4. Follow up
Make sure action was carried out
Correct conditions which cause grievances
Write up grievance and action taken
Promote employee morale

Grievance Procedures in Unionized Firms as Provided in their CBA

4 steps:
1. Submitting the grievance to the immediate supervisor employee presenting
a problem to his or her immediate supervisor within a certain time period
after offending event has occurred.
2. Submitting the grievance to the employees union representative at this
point,a union representative enters the negotiations on behalf of the
employee.
3. Appealing the grievance to top management representative if the situations
is still not resolved,the grievance continues up the chain of command to the
plant manager and president of the local union.if the labor union fails to
follow the procedures at any point,the contract usually specifies that it must
drop the grievance.
4. Submitting the grievance to arbitration this is done if a satisfactory solution
to both parties is not reached by the above procedure.This is the final step in
the grievance process and both parties agree beforehand to abide by the
arbitrators decision.As provided in the Labor Code,all grievance that remain
unresolved after exhausting all the internal procedures shall automatically be
referred to arbitraton.
Two Periods in the Grievance Procedure
1. Period of Persuasion labor and management with the use of arguments and
evidences, persuade one another to give in to ones position or agree to a
compromise.
2.

Period of Arbitration begins when the act of persuasion has been

exhaustively used and no settlement has been reached.

Handling Employee grievances at the level of the supervisor

1.Receive and treat all complaints seriously and give the employee a full
hearing.The way supervisors receive a complaint or grievance is important because
this may have a lot to do with the ease or difficulty in settling the problem.it is also
important to assure the grievant or complainant of prompt action and when he/she
can expect an answer.Determine if there is a genuine grievance and if there
is,whether the same is justified or not.
2.Get the facts by investigating and handling each case as though it may eventually
result in arbitration.This can be done by means of checking every angle of the
complaint, checking the provisions in the existing CBA, the company policy,and
examining the employees record. Thus,there is a need to examine the labor
agrrement carefully and obtain clarification from the HRD if necessary.collect
evidence and determine if there were witnesses.Most grievances are contract
violations and if the supervisor does not know the contract or the company
personnel policies,he/she wil not recognize a violation when he/she sees one.Be
sure to investigate the
Five Ws.
a.Who-refers tp that part of the form that clearly identifies the worker with the
grievance.
b.When-refers to the time element.Often,information regarding more than one
dateis needed to properly complete the data:the date on which the grievance is
officially written;the time and date on which the grievance actually happened ;the
date on which the grievance was filed in the first step with the foreman;and the
date on which the foreman or supervisor gave his/her decision.It is particularly
important on matters involving back pay that all dates be clearly started.
c.Where-refers to the exact place where the grievance took place the department
aisle or inside the conference room.

d.Why-refers to the reason why the complaint is considered a grievance.This is the

heart of the grievance and should be written under the section that carries the
headingNature of Grievance.It is important to remember that it is possible to have
a legitimate grievance without being able to point to a violation of a specific clause
of the contact.
e.What-refers to what should be done about the grievance-the settlement
desired.Many grievance forms do not have separate section headed,Settlement
Desired.In those cases, it is customary for the union steward to list his/her
settlement request at the end of the section.It is extremely important that this be
done since the arbitrator will often base his/her award solely on the original request.
3.Carefully examine all the evidence before making a decision.Avoid lengthy
delays.When all the information is in,make a decision and communicate it.Make
correction if the employee or the company is wrong.Whatever is the decision,it
should be clearly explained to the employee concerned.
4.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.
Processing of Grievance-perfecto Fernandez suggests the following approach in the
processing and adjustment of grievances:
Processing of grievances involving a joint effort on
1.identification of the issue or issues involved;
2.developing its factual basis or background;
3.determining the contract provisions involved;
4.evaluating the merits of the grievance in the light of the factual background and
applicable rules;and
5.working out a fair and just settlement.
Two Kinds of Arbitration
1.Voluntary Arbitration-the parties agree to submit themselves to arbitration in case
there is deadlock during collective bargaining.
Scope of Voluntary Arbitration
Types of Labor Disputes that may be submitted to Voluntary Arbitration
Under Article 261 of the Labor Code,as amended,the following disputes are
subject to the original and exclusive jurisdiction of voluntary arbitrator or panel of
voluntary arbitrators:
1.Undersolved grievances arising from CBA interpretation or implementation.
These include CBA violations which are not gross in character,meaning,flagrant
and/or malicious refusal to comply with the economic provisions of the CBA.
2.Unresolved grievance arising from personnel policy enforcement and
interpretation including disciplinary cases.These disputes are often referred to as
rights disputes.
3.Under Article 262 of the same Code,all other labor disputes including unfair labor
practices and bargaining deadlock may also be submitted to voluntary arbitration
upod agreement of the parties.Bargaining deadlock are often eferred to as interest
disputes.
4.Article 263 lilewise allows the parties upod agreement,to submit even tne socallednational interest cases.to voluntary arbitration,before orin any stage of the
compulsory arbitration process prior to the submission of the resolution.
Republic Act Nos.6727 and 6971 enacted on 7 July 1989 and 22 November
1990,respectively,also expanded the jurisdiction of voluntary arbitration to include:
1.all unresolved wage distortion cases as a result of the application of wage
orders,issued by any Regional Tripartite Wages and Productivity Board in
establishments where there is collective bargaining agreement or recognized labor
union:and
Authority of a Arbitration
A voluntary arbitration is defined as any person accredited by the NCMB,or
anyone named or designated in the CBA by the parties,to act as their voluntary
arbitration.

Article 261-262 of the Labor Code provide pertinent information about the
jurisdiction of voluntary arbitration,procedures to be followed,and cots of
arbitration.
1.Generel authority to investigateand hear the case upod notice of the parties
and to render an award based on the contract and record ot the case;
2.Incedental authority to perform all acts necessary to an adequate discharge of
his/her duties and responsibilities like setting and conduct of hearing, attendance of
witnesses and proof documents and other evidence,fact-finding and other modes of
discorvery,reopening of hearing,etc.;
3.Special power in aid of his/her general contractual authority like the authority to
determine arbitrabilityof any particular dispute and to modify any provision of
existing agreement upon which a proposed change is submitted for arbitration.
Ground to Challenge Voluntary Arbitrators Decision
1.Lack of jurisdiction
2.Grave abuse of discretion
3.Violation of due process
4.Denial of substantive justice
5.Erroneous interpretation of the law
Grievance Procedures in Nonunionized Firms
A company without any union must formulate a grievance procedure for the
guidance of its supervisors and employees.The different steps in the grievance
procedure usually involve the following:
1.Presentation of employee problem/s to the supervisor who is expected to settle
the problem within the specified period
2.If not satisfied ,the employee can elevate the complaint to the next higher level
to resolve the grievance.
3.The problem or case may be taken to arbitration for final decision if no
satisfactory solution has been reached by the above procedures.
Procedures in the handling grievances vary among companies .Some
nonunionized firms have established grievance committees,member of which are
either appointed by topped management or elected by the employees.Such
committees hear the evidence and issue a judgment.In some cases ,the committee
makes a recommendation to the president,rather than making a binding decision on
its own .
Another way used by nonunionized firms in handling grievance is the used of
grievance appeal procedure.It allows employees to submit grievances to
successively higher levels in the organization where the aggrieved employee is
represented by an attorney, a appear, or a personnel office.The hearing is normally
conducted by a neutral company executive, who hears the evedince and makes a
judgment.
References: Human Resource Management 3rd Edition by Crispina R.Corpuz