Grievance

Dispute Resolution

Dispute Resolution MethodsAvoidanceNegotiationMediationDispute Review BoardArbitrationLitigationSelf-help

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AvoidanceEven avoidance isnt avoidance In construction we have lots of reasons to avoid confrontationIn construction, 99% of avoided disputes become bigger they fester they dont self-resolveBut sometimesresolution takesa while

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NegotiationDispute resolution between the parties involving only the partiesCasualConversations, emails, texts, phone callsFormalMeetings, documentation, presentationsResolutionRegardless of how you got there:Put it in writing

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Elevating the NegotiationCant settle at the jobsite level?Push the dispute upstairs bubble upAgain, only the parties are involvedMay be multiple meetingsResolution must be written

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MediationMediation: Bringing in a respected, neutral, uninvolved person to help everyone reach a mutually acceptable resolutionThe mediator DOES NOT decideMediation may not resolve a disputeKey PointsVoluntaryThe resolution is binding, but the process is notThere is no such thing as Binding MediationYou set the rules

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MediationThe Parties must agree to mediateThe Parties must select a mediatorThe Contract may define mediation terms, procedures, maybe even the mediatorSelect a mediator with whom you are comfortable and who you believe will also be credible with the other parties

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Mediation The ProcessParties provide the Mediator with information to understand the disputeThe Mediator chooses to meet individually with the parties, or to call all parties together in a joint sessionAfter a sufficient exchange of information, the Mediator breaks the parties apart and begins shuttle diplomacyThe Mediator works for you make the Mediator work, not just shuffle back and forth

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Dispute Review BoardsA contractually defined process3 members all are neutral: Contractor nominated, Owner nominatedThose two appoint the 3rd neutralTypically defined in the contractBut can be established any time the parties agree to do soRegular site visitsConducts hearings

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Dispute Review Board HearingsFrequently no attorneysParties explain their version to the DRBExhibits, Calculations, PresentationsDRB hears and receives the information

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Dispute Review Board DecisionsCheck your contract terms vary

Typically non-binding but admissible

Probably the best independent evaluation youll ever get for your problem

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ArbitrationArbitration is the submission of a dispute to one or more impartial persons for a final and binding decision, known as an "award."

Awards are made in writing and are generally final and binding on the parties in the case.

From the American Arbitration Association website: www.adr.org

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Non-Binding ArbitrationWhen the parties agree to Arbitrate, but also agree that the result will only be binding if all parties agree to accept the decisionMany view this as a dry-run Could be considered similar to the Dispute Review Board, but without the project knowledge of the DRB membersIn our Dispute Resolution Committees experience not a common Dispute Resolution Methodology

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The HearingsNO Ex Parte communicationsArbitrator sets scheduleProceedings are formalized through rulesEvidence is presented through sworn testimonyArbitrator may question the witnesses and the attorneysArbitrator sets, with party input, closing briefs, submission timelines, and form of decision

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The DecisionThe Final Decision is FinalThere are very few accepted ways to overturn a Decision:The Arbitrator failed to hear evidenceThe Arbitrator was on the take, misbehaviorThe Arbitrator exceeded the powers granted to the ArbitratorOther than winning an appeal using one or more of those conditions you are stuck with the Decision.

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Arbitration Pluses & MinusesFinalityLetting a knowledgeable someone else decideSpeedCostEvidence Rules Discovery, DepositionsHearing Flexibility dates, format, locationConfidential ProceedingsPredictability

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Litigation

May be a Federal or State AgencyBoard of Contract Appeals, for exampleIn a courtroom, you get to chooseJudge: Bench TrialYesterday, the Judge sentenced a rapist to life, today, the Judge is hearing you argue about money and timeJury: Your PeersCheck that jury pool do any of them really understand the nuances of a construction project?

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EMPLOYEE GRIEVANCES AND DISCIPLINE

INTRODUCTION When an employee feels that something is unfair in the organisation, he is said to have a grievance. To be precise, grievances have certain common features;Employee Grievances And Discipline

Features of the term grievancePerceived non fulfilment of one's expectations leading to dissatisfaction with any aspect of the organisation. The dissatisfaction arises out of employment and not due to personal or family problemsThe reasons could be real or imaginary or disguised. The discontent may be voiced or unvoiced

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CausesEconomicWork environmentSupervisionWork groupMiscellaneous

EffectsIf grievances are not identified and redressed properly, they may adversely affect the workers, managers and the organisation. ProductionEmployeesManagers

Employee Grievances And Discipline

EMPLOYEE GRIEVANCES

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It is a formal channel of communication used to resolve grievances. Having a formal grievance procedure has its own advantages. Workers get a wonderful opportunity to ventilate their feelings. Management can go back to the roots of a problem quickly. Supervisors, too, have to fall in line and listen to workers complaints more seriously. A fair redressal mechanism would boost the morale of all employees greatly. Employee Grievances And Discipline

Grievance Procedure

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The success of a grievance procedure, to a large extent, depends on the various ways adopted to dig out the problem:The discovery of grievances Employee Grievances And Discipline

How to uncover grievances? ObservationA formal grievance procedureGripe boxesOpen door policyExit interviewsOpinion surveys

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Essentials of a formal grievance procedure A sound grievance procedure must have the following characteristics Prerequisites of a grievance procedure Conformity with statutory provisionsUnambiguitySimplicityPromptnessTrainingFollow up


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Steps in the grievance procedure Employee Grievances And Discipline

Identify grievancesDefine correctlyCollect dataAnalyse and solvePrompt redressalImplement and follow up

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Model Grievance Procedure Employee Grievances And Discipline

The model grievance procedure suggested by the National Commission on Labour involves six successive time-bound steps each leading to the next, in case employees have any reason to complain against any issue affecting their organisational lives. Model grievance procedure

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Guidelines for handling grievances Employee Grievances And Discipline

Treat each case as important and get the grievance in writingTalk to the employee directlyDiscuss in a private placeHandle each case within a time frameExamine company provisions in each caseGet all relevant factsControl your emotionsMaintain proper recordsBe proactive, if possible.

Grievance Procedure

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In a restricted sense, it is the act of imposing penalties for wrong behaviour (negative); broadly speaking, it is a condition of orderliness, where employees willingly practice self control and respect organisational rules and codes of conduct (positive). The differences between the two sides of the same coin could be expressed thus:Employee Grievances And Discipline

Discipline The differences between positive and negative discipline

Some of the common disciplinary problems confronted by organisations include the following 22-11


Common disciplinary problemsDiscipline

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Causes of IndisciplineAbsence of effective leadershipUnfair management practicesCommunication barriersNon-uniform disciplinary actionDivide and rule policiesInadequate attention to personnel problems

Discipline

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Positive Discipline Approach The positive discipline, based upon reminders, is a cooperative discipline approach where employees responsibility for the desired behavioural change. The focus is on coping with the unsatisfactory performance and dissatisfactions of employees before the problems become major.

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Steps in positive discipline approach Step 1: An Oral Reminder: Notice here that the word warning is removed. The oral reminder, supported by written documentation, serves as the initial formal phase of the process to identify to the employee what work problems he or she is having. This reminder is designed to identify what is causing the problem and attempts to correct it before it becomes larger.Step 2: A Written Reminder: If the oral reminder was unsuccessful, a more formalised version is implemented. This written reminder once again reinforces what the problems are and what corrective action is necessary. Furthermore, specific time tables that the employee must accept and abide by, and the consequences for failing to comply, are often included.Step 3: A Decision-making Leave: Here, employees are given a decision-making leavetime off from work, usually with payto think about what they are doing and whether or not they desire to continue work with the company: This deciding day is designed to allow the employee an opportunity to make a choicecorrect the behaviour, or face separation from the company.

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Progressive Discipline Approach In a progressive discipline system, the employee is given ample warning of performance or other work related problems. Failure to change his or her behaviour is accompanied by increasingly harsher disciplinary action. Due process is based on the action that employees have the right to be treated fairly, particularly when being disciplined.

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The Progressive Discipline Approach

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The Red Hot Stove RuleThis rule states that discipline should be immediate, consistent, impersonal and should be in writing. Disciplinary Action in IndiaThe disciplinary action followed in most Indian companies consists of the following steps:Issuing a letter of chargeConsidering the explanation offered by the employeeIssuing a show cause notice Holding an enquiry based on principles of natural justice

Progressive Discipline Approach

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Giving a fair chance to employee to explain his case thoroughlyEnabling the employee to cross examine the evidence furnished by managementExplain his own point of view without any fear or pressureSee that punishment is in line with the offence committed. Making a final order of punishment consisting of various actions such as:

DismissalDischargeSuspensionDemotion to a lower gradeWithholding of incrementsImposing finesIssuing a warning Initiating follow up action.Progressive Discipline Approach

Essentials of A Good Disciplinary System22-19


Rules and performance criteriaDocumentation of factsConsistent response to rule violationsTraining of supervisorsPrompt actionImpersonal disciplineReasonable penaltyFollow up

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Documents

Grievance