Evaluate the main dispute resolution processes available to management and labor. Do you believe the grievance process followed by the CBA (Article 7) provided in the resource section is fair and equitable for both labor and management? What types of issues should be agreed upon at the first level supervisor level and which ones do you think need to be elevated? Is the alternative dispute resolution process a viable course of action in most workplace settings? Please explain.
You are welcome to share experiences you may have had at any of your employers. Note: There is no need to identify your employer by name, but do include the type of employer (for example, private-sector transportation industry or public school district).
To complete this assignment, review the Discussion Rubric document.
ARTICLE 7 GRIEVANCE AND ARBITRATION In the event any dispute or controversy should arise between the Employer and the Union as to the application or interpretation of this Agreement, such dispute or controversy shall be processed and disposed of in the following manner: 6 Step 1. Within a five (5) working day period (except as provided in Article 6, of this Agreement), an Employee having a grievance and/or his/her Union representative shall take it up with the Manager of the Faculty House. The Manager of the Faculty House shall give his/her answer to the Employee and/or his/her Union representative within five (5) working days after the presentation of the grievance in Step 1. The Employee has the right to have a Shop Steward, or other Union representative, present at meetings with management to discuss grievances. Step 2. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and his/her Union representative, and presented to the Director of Human Resources or his/her designee. The written grievance shall state with reasonable clarity the nature of the grievance, the act or acts complained of and when they occurred, the identity of the Employees who claimed to be aggrieved, the provisions of this Agreement which are claimed to have been violated (except in the case of disciple or discharge), and the remedy which is sought. A grievance so presented in Step 2 shall be answered by the Director of Human Resources in writing within five (5) working days after its presentation. Step 3. 1. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance shall be presented in this step, in writing, to the Vice President of Employee and Labor Relations or his/her representative. The written grievance shall state with reasonable clarity the nature of the grievance, the act or acts complained of and when they occurred, the identity of the Employee or Employees who claimed to have been violated (except in the case of discipline or discharge), and the remedy which is sought. The Vice President of Employee and Labor 7 Relations or his/her representative shall render a decision in writing within ten (10) working days after the presentation of the grievance in this step. 2. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the next step. 3. Any disposition of grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement. 4. The above-mentioned time periods shall apply equally to the Union and the Employer. 5. Mutually satisfactory arrangements may be made to handle grievances during working hours provided that said meetings shall not interfere with the Employer’s required operations and/or with the work of the Shop Steward and/or Employees assigned to duty at the time. 6. In the event any dispute or controversy as to the application and interpretation of this Agreement is not resolved in Steps 1, 2 or 3 of the grievance procedure outlined above, such dispute or controversy may, within thirty (30) days after completion of step 3 of the grievance procedure, be referred to an Arbitrator selected in accordance with the Voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association. The decision of the Arbitrator shall be final and binding upon the parties hereto. 7. The Arbitrator shall have no power to add to, subtract from, or modify in any way any of the terms of this agreement. 8. The cost of such arbitration proceedings shall be borne equally by both parties to this Agreement. Each party shall, however, bear its own legal expenses and those of the witnesses to the proceedings
Discussion Rubric: Undergraduate
Your active participation in the discussion forums is essential to your overall success this term. Discussion questions are designed to help you make meaningful connections between the course content and the larger concepts and goals of the course. These discussions offer you the opportunity to express your own thoughts, ask questions for clarification, and gain insight from your classmates’ responses and instructor’s guidance.
Requirements for Discussion Board Assignments Students are required to post one initial post and to follow up with at least two response posts for each discussion board assignment.
For your initial post (1), you must do the following:
Compose a post of one to two paragraphs. In Module One, complete the initial post by Thursday at 11:59 p.m.
In Modules Two through Eight, complete the initial post by Thursday at 11:59 p.m. of your local time zone.
Take into consideration material such as course content and other discussion boards from the current module and previous modules, when appropriate (make sure you are using proper citation methods for your discipline when referencing scholarly or popular resources).
For your response posts (2), you must do the following:
Reply to at least two different classmates outside of your own initial post thread.
In Module One, complete the two response posts by Sunday at 11:59 p.m. Eastern Time.
In Modules Two through Eight, complete the two response posts by Sunday at 11:59 p.m. of your local time zone.
Demonstrate more depth and thought than simply stating that “I agree” or “You are wrong.” Guidance is provided for you in each discussion prompt.
Critical Elements Exemplary Proficient Needs Improvement Not Evident Value
Comprehension Develops an initial post with an organized, clear point of view or idea using rich and significant detail (100%)
Develops an initial post with a point of view or idea using adequate organization and detail (85%)
Develops an initial post with a point of view or idea but with some gaps in organization and detail (55%)
Does not develop an initial post with an organized point of view or idea (0%)
Timeliness Submits initial post on time (100%)
Submits initial post one day late (55%)
Submits initial post two or more days late (0%)
Engagement Provides relevant and meaningful response posts with clarifying explanation and detail (100%)
Provides relevant response posts with some explanation and detail (85%)
Provides somewhat relevant response posts with some explanation and detail (55%)
Provides response posts that are generic with little explanation or detail (0%)
Writes posts that are easily understood, clear, and concise using proper citation methods where applicable with no errors in citations (100%)
Writes posts that are easily understood using proper citation methods where applicable with few errors in citations (85%)
Writes posts that are understandable using proper citation methods where applicable with a number of errors in citations (55%)
Writes posts that others are not able to understand and does not use proper citation methods where applicable (0%)
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