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Grievance and arbitration processes

How effective are the grievance and arbitration processes? Refer to the issues discussed in case study "Must a Union Process a Grievance of a Nonunion Employee?' and the video found in the links below. Refer to the questions found at the end of the case study to help you think about your answer to the question above.

http://media-origin.esc.edu/stream/2012/labor_arbitration_6_29_12/segment_1.wmv
(Please note this segment starts off 'fuzzy' as a cinematic effect.)

http://media-origin.esc.edu/stream/2012/labor_arbitration_6_29_12/segment_2.wmv

http://media-origin.esc.edu/stream/2012/labor_arbitration_6_29_12/segment_3.wmv

Please be sure to cite sources using a consistent format (APA Format). The paper itself must be 4 to 6 pages in length, typed, double spaced, with one inch margins. Eleven or twelve point type is preferred.

Solution Preview

Grievance and arbitration processes are very effective. Even a non union employee has substantial rights under the LMRA. Under the LMRA, a non union employee can participate in workers activities such as strikes and picketing, join a union, or bargain collectively through representative of their own choosing. Further, under the Labor-Management Relations Act, an employee can bargain with employers, distribute union literature, and not be discriminated against for union related activities. Employees are protected by the Labor-Management Relations Act against eves-dropping on employee's union activities. Employees have the right not to be blacklisted for union related activities, not be asked about past union activities, and discuss their grievances through authorized union representatives (Twomey. D, 2009) .

Union's duty of fair representation means that the union as the exclusive representative has the duty to equally, and in good faith, represents every employee in a bargaining unit. This is irrespective of whether a person is a union member or not. This duty of the unions arises out of the NLRA under which the unions hold exclusive representative status. The union is required by the NLRA to serve the interests of all employees without hostility or discrimination, that discretion be exercised in good faith and honesty, and that the union should not act arbitrarily. If the union follows some basic principles in grievance handling then failure to represent charge will not hold against it.
In the case study the union has not met its obligation of fair representation. Even though Swallows and Green both met the Union Grievance Committee, the union filed a grievance for Swallows and not for Green. She had adequately communicated her grievance to the union and asked them repeatedly to file her ...

Solution Summary

Rights under the Labor-Management Relations Act is explained in a structured manner in this response. The answer includes references used.

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