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A STUDY OF NON-WORK AND WORK GRIEVANCES AMONG THE EMPLOYEES OF JOLLIBEE DIEGO SILANG IN RELATION TO THEIR WORK PERFORMANCE BY: Frannie B. Macalanda Rujelen P. Mira Jan-Patrick Villanueva Edmar Saminiano Jhasper Dela Cruz

Thesis About Grievances

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Page 1: Thesis About Grievances

A STUDY OF NON-WORK AND WORK GRIEVANCES

AMONG THE EMPLOYEES OF JOLLIBEE DIEGO

SILANG IN RELATION TO THEIR WORK

PERFORMANCE

BY:

Frannie B. Macalanda

Rujelen P. Mira

Jan-Patrick Villanueva

Edmar Saminiano

Jhasper Dela Cruz

Page 2: Thesis About Grievances

INTRODUCTION

Human resources are the most important asset for any organization. In competitive

business world main part of activities is carried out by the employees in the

organization. A healthy workforce ensures increased efficiency and productivity for

organization.

Maintaining quality of work life for its employees is an important concern for the any

organization. The grievance handling procedure of the organization can affect the

harmonious environment of the organization.  The grievances of the employees are

related to the contract, work rule or regulation, policy or procedure, health and safety

regulation, past practice, changing the cultural norms unilaterally, individual

victimization, wage, bonus, etc. Here, the attitude on the part of management in their

effort to understand the problems of employees and resolve the issues amicably have

better probability to maintain a culture of high performance.

The absence of employee grievances does not necessarily mean that there are no

problems, this may range from poor attendance, poor quality of work and sometimes

leaves the organization.

Grievances means any discontent or dissatisfaction, whether expressed or not, arising

out of anything connected with the company that an employee thinks, believes or even

feels unfair, unjust or inequitable. This discontent can arise out of something connected

with company or expressed, implied or may be valid, legitimate or rational, untrue or

irrational or completely ludicrous.

Page 3: Thesis About Grievances

Grievances can’t be easily be removed in terms of job performance especially in fast

food chains like Jollibee because of the workplace environment having almost peek

week with regards to the location of the site. Grievances can be easily observed

between the manager and the employees inside the workplace. But, what are the

factors that cause the bad performance of the employee? How does the manager ease

those negative factors resulting from a poor to better performance? How does the

manager take action with regards to the violation and complaints that the employee had

done? If the company had disciplined employees over the workplace, it is surely easy

for them to defend himself from grievances because he knows how to control his

actions and emotions as same as the managers to have an efficient and the best

performance.

Page 4: Thesis About Grievances

STATEMENT OF THE PROBLEM

The purpose of this study is to identify the factors that cause grievances among the

employees of Jollibee Diego Silang. Undoubtedly, most of troubles encountered by

employees affect business performance and could give rise to short-range problems

and long-range conditions.

Employees differ as individuals, in their needs, expectations and behavior. When their

needs are not satisfied or their objectives are not achieved, the result is employee

dissatisfaction. It is not an easy task for the management to keep all the employees

satisfied and motivated, all the time.

Page 5: Thesis About Grievances

OBJECTIVES:

The researchers aim to study about the “Non-work and Work Grievances among the

Employees of Jollibee Diego Silang in relation to their work performance.”

The researchers wants:

To determine the role of grievance management in enhancing work performance;

 To identify causes of grievances in an organization;

 To examine the effect of grievances on work performance;

To evaluate grievance management system used by the organization in enhancing work performance.

Page 6: Thesis About Grievances

SIGNIFICANCE OF THE STUDY

The researchers are contribution to serve this study as a reference guide for the readers in the discipline of grievance management.

This study can give information to employee bout the grievance management. It can also provide the basis for employee improvement through self-analysis and self-evaluation.

The researchers are in partial fulfillment of the requirement to obtain a certificate in Human Resource Management at Polytechnic University of the Philippines- Taguig Campus.

 

 

Page 7: Thesis About Grievances

STATEMENT OF HYPOTHESIS

Employees nowadays get tired very easily especially in fast food chains like Jollibee in

Diego Silang because many or most of them are working students. Some are working

overtime at a workplace and some are having activities outside of the workplace. Some

of them are over fatigue and tired because of school activities that are still needed to be

done. Some are just getting annoyed and bored because of peak hours.

Page 8: Thesis About Grievances

SCOPE OF THE STUDY

This study will focus on the employees of Jollibee Corporation in Diego Silang. The

boundaries of this study are limited to 50 respondents for the questionnaires given.

PERIOD OF THE STUDY

The study covered a one month period

Page 9: Thesis About Grievances

CONCEPTUAL FRAMEWORK

Input Process Output

motivatu

There are a number of problem resulting from a dissatisfied worker which are generally

unhappy and finds difficulty in adjusting to the work environment. As shown above,

there is a resolution of employee dissatisfaction in relation to grievances. These are due

to inflexible, unrealistic, and be incapable or unwilling to change his attitude. He may

have a low salary, no authority, little responsibility, family problem, and little opportunity

for advancement. He may feel that he is working just to make a living. His work history

may show many jobs of short duration, his educational experiences may have been

unpleasant, he may fins social acceptance difficult, or he may be physically

handicapped. His problems may have nothing to do with the job situation, but his

response to his problems is behavior that is a problem to the company. Problem

employees may express their dissatisfaction in a number of ways- insubordinations,

temper tantrums, avoiding group chitchat, excessive absence, suspicion, fear, certainty

that the world has turned against them, getting together with other problem employees

Resolution of employee dissatisfaction in relation to non-work and work grievances.

Find out who are involved

Get the employee’s ideas.

Counseling interview.

Give his side of the story..Show concern and let the employee appreciate his coming to you.

Increased productivity Getting more confident.

Increased motivation. Increased Job

Satisfaction

Page 10: Thesis About Grievances

and magnifying everything that seems against them. Sometimes when an employee is

bothered by something, he shows it by changes in his actions. A talkative person

becomes silent and secretive, he withdraws from the group, and he becomes irritable.

Almost any changed behavior pattern is a signal of some change in the individual.

At the above process will create a satisfactory towards the job. The purpose of the

counseling is to help the problem employee. This is not the time to criticize him, to

enforce discipline, to argue, or to listen with one ear while doing a job. Listen quietly,

attentively and try to detect not only what the employee is saying, but what he is trying

to say and the possible reasons for his problem behavior. A counseling interview gives

the employee a chance to talk in privacy, to share his problems, and to explain his

performance.

Page 11: Thesis About Grievances

THEORETICAL FRAMEWORK

Sigmund Freud contributed the first attachment theory in his 1917 book, Mourning and

Melancholia.

Grieving is a normal adaptation to loss Grief is not an illness, and it shouldn't be

treated as one. Instead, the powerful emotions of grieving must be seen as normal, just

as the pain that accompanies a broken ankle is normal. If we try to "treat" a broken

ankle by covering up the pain, we can't expect to walk well again. And if we try to "treat"

grieving by covering up the sadness and anger, we can't expect to live well again.

Grieving persons must persistently confront the reality of their loss though

uncomfortable, this focus on reality is absolutely essential. We can't redraw our world-

image accurately unless we attend closely to the changed world.

Successful grieving requires hard work—"grief work by emphasizing the need for

grief work, Freud repudiated the old theory that time heals all wounds. Grieving would

be easy, and consistently successful, if this notion was true, but it isn't. Believing that

time heals wounds is like believing that time makes breakfast.

Sigmund Freud

Grieving is a normal adaptation to loss Grieving persons must persistently

confront the reality of their loss Successful grieving requires hard work

—"grief work."

Page 12: Thesis About Grievances

According to his theory, we become emotionally attached to our loved ones by investing

libido (psychical energy) in them. He theorized that nerve cells gain or lose this energy,

accounting for changes in their sensitivity. Thus, Freud's notion of attaching and

detaching is similar to chemical bonding, in which atoms attach to one another by

energetic bonds, and become detached by reactions such as in burning. Under Freud's

theory, grieving consists of severing these emotional attachments by withdrawing our

energetic investments. The process of forming attachments is termed cathexis in the

English literature, and the detaching process is termed decathexis.

Several of the early studies of grievance initiation focus on the impact of technology on

grievance filing (Sayles, 1958; Kuhn, 1961; and Peach & Livernash, 1974). Although

these early studies did not include quantitative analysis, the authors concluded that

various aspects of technology were related to grievance filing rates. Bemmels, Reshef

and Stratton-Devine (1991) included six measures of technology based on the results of

these early studies. They found, however, little empirical support for the notion that

differences in technology would explain variation in grievance rates across work groups.

Only one variable, the extent to which technology "requires following strict schedules

and procedures," had a negative relationship with grievance rates, but this contradicts

the results of the early studies. The other five technology measures were not related to

grievance rates, and the combined effect of all six variables was not statistically

significant. Although not reported, the same variables were collected for the analysis

reported in Bemmels (1994a) and none of the six technology variables was significantly

related to grievance rates in that sample.

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As part of their study of exit-voice behaviors, Lewin and Boroff's (1994) analysis of their

unionized sample of employees differentiates between employees who perceived that

they experienced unfair treatment and filed a grievance and employees who perceived

unfair treatment but did not file a grievance. They found that employees with higher

loyalty to the employer were less likely to have filed a grievance. This is contrary to the

predictions of Hirschman's (1970) exit-voice model. They conclude that employees who

perceive that they experienced unfair treatment and with high loyalty to the employer

are more likely to suffer in silence rather than file a grievance.

Gordon and Miller (1984), Allen and Keaveny (1985) and Klaas (1989a) note the

important role that expectancy theory could play in differentiating grievants and

nongrievants. Although not a complete test of expectancy theory, Lewin and Boroff

(1994) did include the employees' perceived effectiveness of the grievance procedure

as an explanatory variable. Surprisingly, this was not significantly related to grievance

filing. Further research focusing on expectancy theory and grievance filing that more

fully develops testable hypotheses derived directly from expectancy theory seems

appropriate.

Cappelli and Chauvin (1991) developed an efficiency model of grievance activity

drawing from Hirschman's (1970) exit-voice framework. This model could also be

considered a partial test of expectancy theory applied to grievance filing. The central

argument is that employees who feel unfairly treated will compare the cost and

effectiveness of filing a grievance with other response options (such as exit or "silence")

in deciding whether to file a grievance. The costs of exit will depend upon the labor

Page 14: Thesis About Grievances

market conditions. Specifically, they argue that higher wage premiums in the plant

relative to the local labor market will increase the costs of exit, and consequently lead to

more frequent grievance filing. Also, the unemployment rate in the area will reflect the

availability of alternative employment, and a higher unemployment rate will increase the

costs of exit and lead to a higher grievance rate. Their analysis of plant level data from

86 plants in a large manufacturing company supported both propositions. A unique

aspect of this study is the focus on labor market conditions as explanatory variables for

grievance filing.

Klaas (1989b) found that grievance outcomes were related to the grievant's work history

(such as job performance, tenure, disciplinary record, and prior grievances filed), even

when that history is not relevant to evaluating the merits of the grievance. Meyer and

Cooke (1988) found that various economic and political factors were related to

grievance outcomes, and that these factors were more important determinants of

outcomes for grievances where the contractual basis and facts of the case were

unclear. Knight (1987a, 1987b) reports evidence that some grievants abuse the duty of

fair representation complaint procedure by filing complaints for tactical purposes to gain

bargaining power in the grievance process, and that this exploitation of the duty of fair

representation complaint process caused union officials to process unmeritorious

grievances.

Page 15: Thesis About Grievances

REVIEW OF RELATED STUDIES AND LITERATURE

This Chapter presents previous literature and studies that have relevance to the

research subject. The work chosen for this part have been written by authors from

abroad and from the Philippines.

a) Studies in the Philippines

b) Studies in the Countries

Page 16: Thesis About Grievances

(A) LOCAL STUDIES

According to Gregorio Miranda author of the book entitled Supervisory Management:

The Management a Effective Supervision”, chapter XIV; pg.141, Grievances refers to

any employee dissatisfaction that is expressed kept by them. As defined in the “Primer

on Grievance Settlement and Voluntary Arbitration,” published by the National

Conciliation and Mediation Board of the Department of Labor and Employment, a

grievance is “ any question by either the employee or the union regarding the

interpretation or application of the collective bargaining agreement or company

personnel policies or any claim by either party that the other party is in violation of the

provision of the CBA or company personnel policies.”

Page 17: Thesis About Grievances

(B)FOREIGN LETIRATURE

According to Perfecto S. Siston (2006:45) defines grievance as ‘’any dissatisfaction,

complaint, irritation or misunderstanding that can be real or imaginary of an employee

arising from his /her job relationship. He favors the idea of grievance administration by

saying that, “one of the most important aspects of the day to day relations between a

company and its employees is the manner in which the grievance is treated”

 www. articlesbase.com /k-12-education-articles/grievance .

Grievances usually arise when employees fail to get satisfaction from the job. These

may be small complaints but may grow into bigger issues if they are neglected or

ignored. Some grievances arise from real and legitimate causes while others may be

imaginary or trivial. Siston (2006:34) mentions the following as causes of grievances:

Application and interpretation of the collective agreement.

Absence of clear-cut company policy

Poor supervisory abilities.

Poor channels of communication.

Personal problems

Union inspired grievances

Improper selection and replacements.

Lack of training Trade Union officials.

Discrimination and favoritisms

A test of union struggle against management.

Page 18: Thesis About Grievances

However, Perfecto S. (2003: 421 – 422) suggests that the following is what to consider

in handling grievance:

Accept the responsibility for handling the grievance.

Listen to the complaint

Show concern and let the employee appreciate his coming to you. Do not argue

or threaten, this will hinder your investigation.

Ask questions to get to the bottom of the problem,identify the underlying causes

Find out who are involved

Study or analyze the circumstances surrounding the grievances. Ask   the

question why, who, where, when and what?

Evaluate whether the grievance is legitimate or not

Ask employee to give his side of the story, get all the facts necessary and

eventually see how best you can solve the issue

The grievance machinery must be put in place to facilitate smooth settlement of

grievances.  Peter Ducker (2007:90) once said, “It is better to prevent the fire than to

stop it.” This is very important to avoid unnecessary conflicts with the other party.  It is

therefore important to note that grievance machinery is:

A means of enforcing the collective agreement. This should ensure either party

i.e. management and trade union obey the contents of the agreement, if this is

not observed the conflicts will increase

A means of communication. It is vital to keep in touch with others. This is

informing of feedback and response towards work.

Page 19: Thesis About Grievances

The only way in which the grievances can be settled quickly and at the lowest

levels of the organization. In fact, this is healthy and can lead to industrial

harmony.

It is the only way for orderly handling of grievances. Once this machinery is

overlooked, then what follows is disastrous.

The fair way of dealing with grievances because it provides for appeal until a

settlement is reached.

Mamoka (2007:98) defined performance as the ability to discharge skills, acceptable

work or task. It is an action behavior or an outcome that an employee should be able to

demonstrate after acquiring knowledge, skills attitude etc, from training.

From the above we can deduce that performance is something we can easily measure

and determine.  However, in order to know the impact of performance, it has to be

measured.

 According to Beach S. Dale (2007:591) “in this approach emphasis is on getting the

root causes of the employee’s dissatisfaction.  It is              the duty of the management

to make every effort to find out           what is            bothering the employee.” Numerous

problem situations are bound to         arise that were not foreseen at the time the

company and trade union signed the collective agreement.

 

 

Page 20: Thesis About Grievances

FOREIGN STUDIES:The Union’s Investigation of the Grievance

Gary L. Tidwell, College of Charleston pp., 412-413

The court of Appeals for the Ninth Circuit has stated that the thoroughness of an

investigation is a immaterial to whether the union breached its duty of fair

representation (Hughes v. International Brotherhood of teamsters (1977). The

employee’s rights may be protected, however, by the requirement that the union

articulate a reason for not pursuing a grievance that is nonarbitrary,

nondiscrimatory and not based upon bad faith.

In Minnis v. UAW (1975), the Eighth Circuit Court stated that an inference of bad

faith or arbitrary conduct may arise from the “ utter failure… to make even a

minimal attempt to investigate” an employee grievances. While the Eighth circuit

found that simple negligence did not constitute a breach of the union’s duty,

another court suggested that a gross negligence standard be used to determine

whether the union breached its duty of fair representation (Barhitte v. Kroger,

Co., 1978).

The Seventh Circuit Court in Baldini v. Local 1095, UAW (1978) stated that the

union has not breached its duty of fair representation if it has taken a grievance

seriously and made reasonable efforts to investigate and process it.

De Arroyo v. Sindicato de Trabahadores Packinghouse (1970) illustrates the

importance of the union investigating the merits of each grievance. In de Arroyo,

employees claimed they were laid off in breach of the union’s refusal to take their

claim through the grievance process was a breach of the union’s duty of fair

representation. The union does not automatically satisfy its duty of fair

Page 21: Thesis About Grievances

representation by demonstrating that a cursory investigation of the grievance was

performed.

In Smith v. Hussmann Refrigerator Co. (1980), employees with greater seniority

filed grievances alleging a violation of the collective bargaining agreement after

junior employees bid and were awarded the jobs because of superior skill and

ability. At arbitration, the grievant, represented by the union, testified about their

respective skills and abilities. The junior employees, however, were not notified

or represented at the hearing.

PRESENTATION OF THE GRIEVANCE

When there has been an alleged error in the preparation of the grievance at the

arbitration proceeding, a claim of negligence or poor judgment generally will not

establish a breach of the union’s duty of fair presentation. Moreover, arbitration hearings

are not required to be conducted as judicial proceedings. Thus, a collective bargaining

agreement may be enforced by a local shop steward who is not a full-time officer who

may have little or no formal training. Because of the presentor of a grievance is not

required to handle the arbitration with the expertise of a trial lawyer, simple errors in

tactics and procedures may be excused.