Discussion 3

Description

Question: First, read the section on dispute resolution in your textbook. Then, from your reading, answer the following:

1. What do you think would constitute an effective alternative dispute resolution system?
2. What benefits would you expect from such a system?
3. If you were asked to rule on a discharge (firing) case, what facts would you analyze in deciding whether to uphold or reverse the employer’s action?

READING:

13.2f. Alternative Dispute Resolution Procedures

In unionized workplaces, grievance procedures are stated in virtually all labor agreements. In nonunion organizations, however, alternative dispute resolution (ADR) methods are often used. ADR methods address employee discharges and complaints outside of court, which is generally faster and cheaper for both parties. Employers often ask workers to sign ADR agreements when they receive their offer letters or sign their employee handbooks.

Although the right to require employees to sign ADR agreements is supported by court decisions, to be enforceable, these agreements must be fair and equitable to both employees and employers. Employers can’t “stack the deck” against employees by imposing rules on employees that clearly favor the employer. As one legal expert has noted, “As much as possible, the agreement should provide employees with the same rights and remedies that they would have enjoyed had their day in court been available to them.” Next we will look at some of the different types of alternative dispute resolution methods organizations use.

Step-Review Systems

A step-review system is based on a preestablished set of steps—normally four—for the review of an employee’s complaint by successively higher levels of management. These procedures are patterned after the union grievance systems we will discuss in Chapter 14. For example, they usually require that the employee’s complaint be formalized as a written statement. Managers at each step are required to provide a full response to the complaint within a specified time period, perhaps 3 to 5 working days.

An employee is sometimes allowed to bypass meeting with their immediate supervisor if the employee fears reprisal from this person. Unlike appeal systems in unionized organizations, however, nonunion appeal procedures ordinarily do not provide for a neutral third party—such as an arbitrator—to serve as the judge of last resort. In most step-review systems, the president, chief executive officer, vice president, or HR director acts as the final authority, and this person’s decision cannot be appealed. Some organizations give employees assistance in preparing their complaint cases. For example, an employee who desires it may be able to get advice and counsel from a designated person in the HR department before discussing the issue with management.