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EmployeeEmployer Grievances:
A Review
ijmr_283
40..58
Introduction
Employeeemployer conflict is demanding increased
attention from both managers and researchers. The
decline of collective industrial relations and the individualization of the employment relationship have
transformed employment relations. In the UK, the
number of employment tribunal applications more
than trebled between 1988 and 1996 (Burgess et al.
2001). In North America, there has been a similar
effect, with the introduction of new federal employment legislation leading to a litigation explosion
(Lipsky et al. 2003, p. 54) as employees increasingly
filed complaints and lawsuits. Individual disputes
may now be the most relevant indicator of conflict
(Knight and Latreille 2000, p. 533), causing
individual-level dispute processes to take on
increased significance for managers, employees and
governments (Antcliff and Saundry 2009; Dickens
EmployeeEmployer Grievances
cite each other. While previous studies have chosen
to specialize in either unionized or non-unionized
issues in isolation (Bemmels and Foley 1996;
Bingham 2004; Colvin et al. 2006; Feuille and
Chachere 1995; Feuille and Delaney 1992; Lewin
1990, 1999, 2004, 2005; Peterson and Lewin 2000),
this review includes findings from both areas.
Research published in English language journals
is predominantly from the USA, Canada and the UK
and, while acknowledging this Anglo-Saxon bias, we
point to recent work in a range of countries and
cultures, including Barbados (Nurse and Devonish
2007), Germany (Behrens 2007), India (Varman and
Bhatnagar 1999), Sri Lanka (Reade and McKenna
2007) and Turkey (Kozan et al. 2007). Internationally, the UK, Australia and New Zealand emulated
many European nations by developing extensive
statutory protections for individual employees, along
with dispute resolution mechanisms through national
labour courts or employment tribunals. In contrast,
North America has its own mechanisms of employercentred access to justice, and employment at will
remains the basic legal principle for most employment disputes (Colvin 2005; Colvin et al. 2006).
Within this, the long-standing division between
union and non-union situations gives rise to two distinct North American literature streams. In unionized
sites, grievance provisions negotiated in collective
bargaining agreements have been the classical means
through which conflict is managed and justice
afforded to employees (Colvin 2003a; Lewin 2005).
A grievance in this context is usually defined as a
claim by an employee or the union that the employer
has violated the contract (Feuille and Hildebrand
1995, p. 344).1
In non-union settings in North America, there has
been a significant expansion of dispute resolution
systems which vary in scope and complexity, with
differing procedures and protections available
(Bingham and Chachere 1999; Colvin et al. 2006;
Lewin 2005; Mahony and Klaas 2008). In place of
the traditional union multi-step procedures culminating in neutral third-party arbitration, non-union
1
41
systems have adopted a range of alternative dispute
resolution (ADR) options including open-door
systems, early mutual assessment, review panels
(including peer-review), mediation and arbitration
(Bingham 2004, p. 145; Feuille and Delaney 1992).2
Initially non-union provisions typically performed a
similar role to union grievance procedures, dealing
mainly with in-house matters of contractual violations and violations of organizations own policies.
The term employment dispute resolution (EDR)
is a broad term which encompasses a range of types
of systems for resolving employment disputes
outside a collectively bargained grievance procedure,
using ADR options such as an ombuds programme,
mediation or arbitration (Bingham and Chachere
1999 p. 95). These include programmes offered by
administrative agencies and courts for resolving
employment disputes, as well as employer-based
systems (Bingham 2004 p.145). The scope of American EDR extends to cover not only the violations of
contractual matters and in-house policies in nonunion settings, but also matters such as occupational
safety disputes, workers compensation and complaints of discrimination under State and Federal law.
In those latter areas, some of the more controversial
forms of EDR are where employer-based programmes are substitutes for the legal remedies available through the courts and government agencies
(Bingham and Chachere 1999). EDR systems can
therefore exist both in non-union workplaces as well
as in union settings, where they operate alongside
union grievance procedures addressing matters
outside the collective bargaining agreement.
The focus of this review is on material published
since the mid-1980s. The earlier research was predominantly on arbitration and was largely descriptive
with few common themes (Bemmels and Foley 1996,
p. 360). Moreover, organizations have been transformed in recent times through deregulation, the
decline of manufacturing, and technological change.
There have also been marked shifts in the nature of
work, with reorganization of the workplace to
embrace high-performance work systems, flattened
organizational structures and team-based approaches
(Bamberger et al. 2008; Colvin 2003a; Kaminski
1999; Lipsky et al. 2003; van Gramberg and Teicher
2005). We review the grievance literature relating to
42
Theoretical perspectives
There is no complete theory of individual-level
employment dispute processes and Bemmels and
Foley (1996, p. 361) suggest that any all-embracing
theory would be incomprehensible. Research into
grievance procedures is complicated by the variety of
forms that these can take, and by a range of other
factors (Bemmels and Foley 1996). A grievance resolution process will involve a sequence of different
steps, and many individuals can become involved as
a dispute progresses, with a shift from first-line, local
staff in the early stages to more senior staff from the
union and the employer (and their professional advisers) as the dispute progresses to higher levels. There
are, however, well-established theories that pertain to
different phases of the grievance process.
Exit, voice and loyalty has been a dominant theoretical approach in research on how employees
respond to a grievance, and grievance outcomes. This
came from Hirschmans (1970) model of consumer
behaviour, which was adapted to explain the behaviour of individuals in the employment relationship,
with Freeman and Medoff (1985) and others proposing that the grievance procedure functions as a
voice mechanism. The individual employees
loyalty to the firm is the key determinant of whether
voice or exit behaviour will occur (Boroff and Lewin
1997).
Compensating wage/efficiency theory can be
traced through the works of Ichniowski and Lewin
(1987) and Cappelli and Chauvin (1991). The theory
posits that employers and employees engage in a
financial costbenefit reckoning with regard to grievances and grievance systems. In collective bargaining, union and management decisions to adopt or not
3
EmployeeEmployer Grievances
grievance process are analysed next, moving from
the initial occurrence of grievable events through to
post-grievance outcomes, outlining the questions
that the theories seek to address.
43
relatively narrow range of statutory issues, including
redundancy payments, wage deductions, breach of
contract, discrimination and dismissal (Knight and
Latreille 2000). For workplaces with 25 or more
workers, the annual rate of these applications was 1.9
per thousand, or 0.2% of employees (Knight and
Latreille 2000). Of those actually lodged, around
75% are resolved without the need for a formal
hearing, with a substantial proportion using conciliation assistance (DTI 2004; Gibbons 2007, p. 9).
Beyond these aggregated figures however, American, British, Canadian and other studies report wide
variation in grievance rates across industries or
sectors (Bemmels 1994; Bemmels and Foley 1996;
Bemmels et al. 1991; Department of Labour 2003b;
Earnshaw et al. 1998; Hayward et al. 2004; Lewin
and Peterson 1988), but little is known about the
causes of this variation (Bemmels and Foley 1996;
Lewin 1999).
44
schedules and procedures, routines, and task interdependence) and grievance filing (Bemmels and Foley
1996; Bemmels et al. 1991; Peterson and Lewin
2000). While neither work conditions nor demographic factors have exhibited direct effects, Bamberger et al. (2008) proposed that demographic
factors may, however, serve as a moderator in the
relationship between aversive work conditions and
grievances, finding stronger links for women and
minorities.
Unions and management are also influential
through their policies and practices. When management and unions have a policy of committing grievances to writing, grievance rates increase in the USA
(Lewin and Peterson 1988), and similarly in Britain,
legal requirements for in-house procedures brought
increased formality and escalation of disputes among
smaller businesses (Antcliff and Saundry 2009;
Gibbons 2007). Managerial monitoring of employees
was also linked with increased grievance rates in a
large unionized company (Kleiner et al. 1995). In the
USA, a union policy of taking certain grievances
through the procedure was also positively related to
grievance filing rates (Lewin and Peterson 1988). At
a shop steward level, attempting to resolve disputes
informally was negatively associated with grievance
rates, while initiation (direct or indirect) of filing
functioned in the opposite direction (Bemmels 1994;
Bemmels et al. 1991). Among employees, the frequency of complaints to stewards was positively
related to filing (Bemmels 1994; Bemmels et al.
1991). Once more, however, the situation was complicated by the fact that effects varied significantly
across grievance issues (Bemmels 1994).
Employee decision-making models
Another line of enquiry has addressed employee
decision-making, focusing on the initial decision to
file a grievance. Gordon and Bowlby (1989) assessed
the role of reactance and attribution in grievance
initiation. Reactance theory suggests that people will
react to restore freedoms perceived to have been lost.
Attribution theory is about how untrained observers
make sense of the actions of others, attributing the
causes to either the internal personal dispositions of
the other party or to external factors. These authors
found a significant relationship between both reactance and attribution and the intention to file a grievance. The strongest intent occurred when there was a
greater perceived threat to the workers freedom
(high reactance) or where the offending actions were
EmployeeEmployer Grievances
seen to be motivated by dispositional (personal)
rather than environmental causes.
Klaas (1989a) used expectancy theory as the basis
for a model of decision-making, which sought to
integrate the literature on both the determinants of,
and behavioural responses to, grievance activity
(Olson-Buchanan and Boswell 2008a). This divided
the grievance filing process itself into several stages,
commencing at the point where an employee perceives a grievance opportunity (p. 447). How
employees react to such opportunities is critical.
There are those motivated by a sense of unfairness
due to perceived mistreatment, and others who will
file for instrumental reasons such as political or economic gain. The model proposes a rational, calculative decision-making process (Klaas 1989a, p. 451)
where, in terms of expectancy theory, employees
assess the relative attractiveness or utility of filing.
This takes into account factors such as the likelihood
of winning, and expected remedies, and compares
these with inaction, or alternative responses such as
being absent, lowered productivity, quitting, or disruptive workplace behaviour (Bamberger et al.
2008). If those employees motivated by a sense of
unfairness do not perceive filing as sufficient
to restore equity, they are likely also to engage in
alternative responses, whereas those filing for instrumental reasons are less likely to do this. OlsonBuchanans (1997) laboratory study demonstrated a
link between such attitudinal-perceptual variables
and grievance filing, finding that those more likely to
file were satisfied with their job performance; rated
their job performance highly; and valued rewards
such as the compensation potentially available from
filing. These findings were interpreted as supporting
Klaass expectancy model as well as being consistent
with procedural-distributive justice theory (Lewin
2004). Cappelli and Chauvin (1991) developed their
own efficiency model of decision-making. Using
data from a unionized organization, they identified
that labour market conditions, such as high unemployment, and higher wage premiums (compared
with the local labour market), were both associated
with increased grievance filing. They proposed that
employees who feel unfairly treated will weigh up
the cost and benefits (or effectiveness) of grievance
filing, compared with other responses such as quitting or remaining silent, consistent with Klaas
(1989a). In particular, Cappelli and Chauvin (1991)
interpreted the labour market differential factors, that
is, greater advantages of workers current jobs, as
indicated by wage premiums or high levels of un-
45
employment in the outside market, as increasing the
costs of exit, making grievance-filing the more
attractive option. The proposed dynamics resembled
the compensating differentials model of collective
unionmanagement bargaining and decisions, in
which grievance procedures may be traded for
wages, benefits, workable changes or other conditions of employment (Ichniowski and Lewin 1987;
Peterson and Lewin 2000). Cappelli and Chauvins
(1991) proposals were also consistent with the findings of Brown et al. (1997) whose 30-year data from
Germany and Britain showed the demand for grievance procedures to be cyclical: macro-level factors
such as changes in the flow into unemployment
and the vacancy rate exerted a much stronger influence than changes in the legal infrastructure, with
higher unemployment accompanied by increased
demand.7
Bacharach and Bamberger (2004) extended and
refined Cappelli and Chauvins (1991) efficiency
model. Their survey of unionized blue-collar workers
found little support for the original efficiency
models proposed direct relationships between grievance initiation and either unemployment or wage
premiums. To explain these apparently inconsistent
findings, their model introduced the concept of
labour power derived from power dependence
theory (Lawler 1992), meaning the employees perception of the extent to which the employer is dependent on the employee. They found that, under
conditions of high labour power, the wage premium
was positively associated with grievance filing as
predicted by Cappelli and Chauvin (1991). However,
under conditions of low labour power, the relationship between wage premiums and grievance filing
weakened or reversed; higher wages were associated
with a reduced likelihood of grievance filing. Thus
labour power, or perceived employer dependence,
was proposed as a key determinant of employees
filing decisions.
More recently, Olson-Buchanan and Boswell
(2008a) proposed a model which seeks to unify the
separate aspects of the dispute process into an integrated theoretical framework. This model differs
from others by using a sense-making perspective
which incorporates individuals perceptions before,
during, and after grievance activity, providing an
46
EmployeeEmployer Grievances
2000; Lewin 1999; Nowakowski and Conlon 2005;
Nurse and Devonish 2007).
Specifically, for employees, the fairness of the
process can be more important than speed (Gordon
and Bowlby 1989; Lewin 1999), with perceived procedural justice leading to a belief in overall workplace justice (Fryxell 1992), and to satisfaction with
the union and management (Fryxell and Gordon
1989). Use of grievance procedures, which can itself
be used as a criterion (Bingham 2004), has also generally been found to be associated with the perceived fairness of the system, with positive
employee perceptions of procedure effectiveness
related to increased employee use (Lewin and Peterson 1988, Mesch and Dalton 1992; Peterson and
Lewin 2000). Blancero and Dyer (1996) for
example, report systems perceived as credible,
accessible and safe were used more, while Colvin
(2003a) suggested that using non-managerial
decision-makers produces a neutrality effect which
then influences use.
There is, however, a lack of consensus as to what
actually constitutes effectiveness in grievance procedures (Lewin 1999). Budd and Colvin (2008)
argue that, for both union and non-union contexts,
this needs considerable theoretical development.
They propose the three central concepts of equity,
efficiency and voice as core standards which
could be used for comparison and evaluation of procedures. The evaluation of dispute resolution systems
takes on particular significance with regard to nonunion procedures and EDR systems using alternative
resolution processes. Comparisons are made
between these newer systems and traditional
avenues, including union-based grievance procedures, in terms of the various measures of effectiveness. Among these, a key question concerns the
extent to which the newer alternative systems provide
workplace justice, especially for employees
(Bingham 2002, 2004; Colvin 2003a, 2005; Klaas
et al. 2006; Mahony and Klaas 2008). Traditional
systems contain strong procedural safeguards with
well-established due process protections. Bingham
and Chachere (1999) report, however, that very few
studies have examined procedural due process
aspects within non-union procedures and in
employer-designed EDR plans (Bingham 2004). The
studies that have examined non-union procedures
have generally found varying employee-protections,
often offering much less due process than unionnegotiated procedures. Both Feuille and Delaney
(1992) and Feuille and Hildebrand (1995) reported
47
that non-union systems varied widely in terms of
their procedural formality (that is, the extent and
specificity of the procedural rules) but, compared
with union procedures, these offered only modest
levels of due process protection and independence
from management, especially the final decisionmaker. Feuille and Chachere (1995) noted that nonunion procedures tended to give management a
markedly greater share of process-control and
decision-control over complaints, with limits on due
process aspects. Specific shortcomings are identified
for each of the various ADR forms (Budd and Colvin
2008; Mahony and Klaas 2008); however, Binghams (2004) review of the existing evidence suggests that mediation produces better organizational
outcomes than either no intervention or arbitration.
System design is an important influence upon the
justice afforded by grievance procedures. Unlike
bilaterally negotiated union procedures, non-union
and EDR systems can be designed unilaterally and
imposed by an employer. An especially controversial
issue concerns the ability of an employer to impose
binding arbitration, precluding employees access to
external forums for statutory claims, as a condition
of employment (Bingham 2004; Mahony and Klaas
2008). Research suggests that mandatory arbitration
of discrimination claims may have adverse effects on
both procedural and distributive justice (Cohen and
Domagalski 1998). Mahony and Klaas (2008) summarize what is known concerning how the differing
ADR procedures affect employees. Alternative
dispute resolution can enhance workplace justice;
however, justice may be denied, for example when
employers institute mandatory systems requiring
employees to waive their right to pursue claims
through the courts. The newer dispute resolution
systems are essentially private, being confidential
and/or in-house systems, and the paucity of studies
means that comparatively little is known concerning
their impact on the justice afforded to participants, or
whether the functioning of alternative systems may
even undermine the enforcement of public law
(Bingham 2004).
Outcomes
Grievance outcomes have been studied over different
time intervals: the immediate winners and losers in
the formal process; the implications over the shortto-medium term for employees who remain with the
employer; and when the grievance process (irrespec-
48
tive of outcome) is linked with the eventual termination of the employeeemployer relationship.
Individual systems identify which party is more
likely to win; for example, in the North American
union environment, Feuille and Hildebrand (1995)
suggested that most grievances are resolved in the
employees favour. These authors noted, however,
that there was no single explanation for why employees prevail in some grievances and not in others, and
this is symptomatic of the lack of theoretical development. Determinants investigated include the grievants work background (Klaas 1989b), the industrial
relations climate of the organization, the salary of the
grievant, the grievance issue (Ng and Dastmalchian
1989), the nature of the forum (labour versus
employment arbitration) (Bingham and Mesch 2000;
Klaas et al. 2006), as well as demographic factors
such as the gender of the grievant and/or decisionmaker (Bemmels 1991; Dalton and Todor 1985;
Dalton et al. 1987). Firm size is implicated: smaller
firms are both more likely to be involved in dispute
hearings (Department of Labour 2007) and more
likely to lose compared with large firms (Saridakis
et al. 2008). Representation is another recurrent
topic; for example, while Antcliff and Saundry
(2009) recently found no links with UK company
grievance hearing outcomes, high union density was
linked with more favourable outcomes for employees. McAndrew (1999) found professional representation was associated with a greater likelihood of
successful outcomes in the New Zealand employment tribunal.
Post-settlement outcomes: competing explanations
Much of the early research used in support of Hirschmans (1970) exitvoiceloyalty model was at a
very broad level, assessing the effects of union coverage by comparing factors such as quit rates among
workers who were, or were not, covered by grievance
procedures. As such, this research did not focus on
the processes involved in the grievance procedures
themselves. A major challenge arose when a series of
studies reported negative outcomes following grievance filing and settlement, seeming to contradict the
received wisdom and raising questions about the
exitvoice model as a sufficient explanation of
employee behaviour.
First in non-union organizations, Lewin (1987)
used individual worker data to compare employees
and supervisors involved in grievances with those
who were not. One year after grievance settlement,
EmployeeEmployer Grievances
fear of management reprisal was the main reason
for not filing, even though a large proportion of
employees believed they had one or more issues that
merited a grievance.
An alternative explanation is that of revealed performance; that is, the negative post-settlement outcomes may be due to actual behavioural differences,
with grievants and their supervisors genuinely being
poorer performers. Under this scenario, the true performance of this group may have been lower all
along but, prior to grievance filing, this had not been
detected. The process of grievance filing and resolution, however, prompts employers to pay closer attention to their performance, which then reveals the
performance deficits (Lewin and Peterson 1999;
Olson-Buchanan 1996).
Exploring this issue, Klaas and de Nisi (1989)
analysed performance evaluation records from a
unionized organization. They found that postgrievance outcomes varied according to the type of
grievance, with employees who filed personal
grievances against their supervisors disciplinary
actions being significantly more likely to receive
lower ratings (especially if the employee won),
whereas employees who filed policy grievances
concerning management policies experienced little
impact on their ratings (Lewin and Peterson 1999).
These negative consequences disappeared when
employees were rated by a different supervisor
from the one involved in the grievance. Klaas and
de Nisi (1989) therefore proposed that the differences in ratings were due to managerial reactions,
with managers responding negatively to grievances
directed against them, consistent with a punishment
model.
Overall, the consistent findings of negative, and
potentially punishment-like, outcomes across these
studies represented a strange irony, since grievance
systems are intended to protect employees (Boswell
and Olson-Buchanan 2004). On the basis of the evidence available, it seemed that the outcomes were at
least partly due to grievance-filers being punished,
consistent with an organizational punishmentindustrial discipline perspective (Klaas and de Nisi
1989; Lewin 1987). There were limitations in these
studies, however, as they had been limited to
aggregate-level analyses using archival data. As a
consequence, little was known about the comparison
group of non-filers, particularly whether or not they
had actually experienced some perceived mistreatment, and hence a deterioration in their relationship
with the organization.
49
Lewin and Boroff (1996) and Boroff and Lewin
(1997) both addressed this shortcoming using field
study samples which consisted exclusively of
employees who believed they had been unfairly
treated at work, comparing mistreated employees
who did choose to file with those who did not. In
contrast to earlier research, the studies found a negative relationship between loyalty and exit, with more
loyal employees being less likely to leave the organization, consistent with the exitvoiceloyalty
model. However, contrary to this exitvoiceloyalty
model, there was a negative relationship between
loyalty and filing, with loyal employees actually less
likely to use grievance procedures. As with Lewin
(1987), fear of reprisal was negatively associated
with filing. These two studies seemed to add to the
increasing body of research that called into question
the core conceptual foundations and the empirical
validity of the exitvoiceloyalty framework (Boroff
and Lewin 1997, p. 60). Furthermore the researchers
now concluded that, rather than exercising voice,
loyal employees suffer in silence (Boroff and Lewin
1997, p. 60).
Olson-Buchanan (1996) sought to clarify the
extent to which these punishment effects reflected
an actual change in grievants behaviour. The
design of this study was different from previous
research in several key aspects. In place of the correlation analysis which had limited the ability to
assess causality, Olson-Buchanan (1996) instead
used a laboratory simulation. This study involved a
group of people who all experienced a similar complaint (mistreatment), but who either did or did not
have the opportunity to voice their discontent
through the grievance procedure. Finally, where
earlier research had measured performance indirectly through supervisors ratings, OlsonBuchanan (1996) sought objective measures. The
findings created several interesting new perspectives on post-grievance outcomes. First, in terms of
access to a grievance system, employees who had
access were significantly less likely to exit, compared with those without access, suggesting that, by
providing a voice option, this (simulated) grievance system had potential to mitigate the negative
effects of a dispute, and thus reduce turnover, consistent with procedural justice theory. In terms of
filing activity, while previous studies had suggested
that filers had higher turnover, this study found
instead that grievance filers had lower turnover
intent, consistent with a key exitvoice prediction.
However, once more, grievance filers had signifi-
50
cantly lower objective job performance than nonfilers, contradicting exitvoice predictions. One new
insight was the finding that conflict between an
employee and manager does affect the employees
objective job performance, and not simply the managers evaluation; having a basis for dispute, on its
own, was associated with both lowered job performance and increased turnover intent. Overall, these
findings revived support for the exitvoice model,
but importantly, at the same time they did not completely support the organizational punishment
theory, since the so-called punishment effects
seemed also to reflect changes in actual behaviour,
rather than being entirely due to managerial retribution.
Boswell and Olson-Buchanan (2004) further separated out the role of experiencing mistreatment as
distinct from voicing the mistreatment. Significantly,
they found that the experience of mistreatment on its
own was significantly linked to exit, and that grievance filing was somewhat incidental to this. This
suggests that some of the negative outcomes may be
partly due to the initial experience of mistreatment
itself, and not solely a consequence of taking grievance action. Consistent with the organizational
justice literature, a person who perceives mistreatment may respond by changing their behaviour
and/or leaving. The type of mistreatment was also
particularly important; drawing on Klaas and De
Nisis (1989) distinction between grievance types,
they found that personalized mistreatment was
linked with higher work withdrawal than policyrelated mistreatment.
Throughout this exploration of Hirschmans
model, one core assumption which had remained
largely unchallenged was the way in which voice
had only been operationalized in terms of the use of
a grievance system. Using a field study, OlsonBuchanan and Boswell (2002) broadened the options
for voice to include varying degrees of formality.
Contrary to Boroff and Lewins (1997) claim that
loyal employees will just suffer in silence, they found
that loyal employees do actually use voice, but prefer,
and use, less formal methods, and that use of these
methods is associated with lower intent to quit; all of
which were consistent with the exitvoiceloyalty
model.
Pursuing a similar theme, Luchak (2003) reconceptualized voice, proposing two separate forms:
direct voice, involving employees efforts to
remedy issues directly with another member of the
organization; and representative voice, which
EmployeeEmployer Grievances
The North American reinstatement literature is
limited by the fact that it is rather dated and tends to
focus on arbitration awards for dismissal cases. In
terms of incidence, reinstatement occurs in about
half the grievance cases with disciplinary action substituted for dismissal (Lewin 1999; Williams and
Taras 2000). Simply being awarded reinstatement is
only part of the issue however, and the success of
reinstatement is sometimes defined in terms of the
numbers who are both awarded reinstatement, and
who actually choose to return to work. There is wide
variation among the findings regarding such returns,
with figures ranging from 38% to 91% (Eden 1994;
Lewin 2005; Malinowski 1981; Williams and Taras
2000). Either way, it would seem that a significant
number of grievants are reluctant to return to work,
but the specific dynamics that account for this phenomena are not clear. Some propose that unionization is a relevant factor, with union settings
associated with the higher return rates (Eden 1994).
Alongside this, one reason frequently cited by
employees is again fear of retaliation from the
employer (Bemmels and Foley 1996; Lewin 2005).
The issue does not end at the point when a reinstated employee chooses to return to work, as there
are major issues concerning the actual viability of
post-reinstatement employment. Despite the fact that
employers report being generally satisfied with the
subsequent performance of reinstated workers
(Lewin 2005; Williams and Taras 2000), and postreinstatement discipline problems are not significant
(Lewin 2005), turnover is nonetheless high. While
earlier studies suggested that reinstated employees
were not subject to repercussions (Ponak 1991),
other evidence again suggests that unfair treatment
after reinstatement is the main reason for this turnover, implying that employee fears of retaliation may
be well founded, and surveys of non-union employees do report unjust treatment following reinstatement (Bemmels and Foley 1996; Eden 1994; Lewin
2005; Trudeau 1991). Lewin (1999) notes that reinstated Canadian workers report high levels of unfair
treatment post-reinstatement and have significantly
higher turnover rates than other employees, while
earlier British research suggests that reinstated
employees also experienced difficulties in their organizations (Dickens et al. 1984).
Again the results differ by setting, with surveys of
employers in unionized workplaces reporting high
rates of actual returns to work, as well as favourable
evaluations of employee performance, whereas a
non-union survey indicated the reverse (Eden 1994).
51
Other survey findings suggest that employers can
resent reinstatement orders (Malinowski 1981),
believing that reinstatement negatively affects both
workforce morale and working relationships between
reinstated workers and other employees (Lewin
2005; Ponak 1987). Employees who have been completely exonerated can be significantly more likely to
leave their employment than those partially exonerated (Lewin 1999; Williams and Taras 2000). Workplace size may also be significant, with workers more
easily integrated into large-scale workplaces, while
positive unionemployer relationships and workplace culture may also assist reintegration (Williams
and Taras 2000).
Overall, the research suggests that, while employees may obtain a reinstatement award, the broader
workplace dynamics often result in the demise of the
relationship. These findings raise significant questions concerning the extent to which reinstatement is
effective as a remedy for unjust dismissal (Eden
1994, p. 99) and, importantly, there remains a lack of
theory to explain such outcomes (Lewin 1999).
52
subsequent decisions, will be the same as the decision to file. There is a need to understand the factors
influencing a partys decisions throughout all the
stages of a grievance, and the research also needs to
be broadened to include the perspectives of all
parties involved. To take one issue, despite propositions about managerial retribution, there is no significant body of research on what influences
managers attitudes and conduct with respect to
grievance claims and their settlement. There has been
work concerning the role of managers in a variety of
related areas; for example, disciplinary decisions
(Judge and Martocchio 1995; Klaas and Dellomo
1997; Klaas and Wheeler 1990; Rollinson 1992,
2000), in arbitration (Bingham and Chachere 1999;
Bingham and Mesch 2000), as well as in the selection and function of newer ADR procedures (Colvin
2003a; Klaas et al. 2006; Mahony and Klaas 2008).
In contrast with the extensive work on employee
grievance-perspectives, there is a need to develop the
employer side of grievances (Dennison and Corby
2005; Klaas et al. 1999; Lewin 2004; Mahony and
Klaas 2008).
The conceptual model proposed (but not tested) by
Olson-Buchanan and Boswell (2008a) of how an
employee experiences, makes sense of, and responds
to mistreatment is an important step in the direction
of more developed theory. This model integrates
earlier insights regarding separate components of the
grievance process, and proposes a set of processes
which potentially extend across the multiple stages
of a grievance. Furthermore, the model points to the
need to capture the interaction of parties, and integrate concepts from the conflict literature (Folger
et al. 2005; Jameson 1999; Pondy 1967, 1992; Pruitt
and Kim 2004; Thomas 1976, 1992) to produce more
dynamic theory. Exploring such a perspective may
indicate that the intent to resolve disputes and restore
relationships through the later, more formal stages of
the grievance process may be misguided (Antcliff
and Saundry 2009; Ury et al. 1988). The chances of
achieving full resolution which addresses and
resolves the core issues associated with a conflict
may be low and, instead, formal grievance activities
may only achieve closure or settlement, but not preserve the employment relationship (Pruitt and Kim
2004).
While the pre-filing stage of grievances seems to
represent an area where much successful resolution
occurs, it remains little explored. To use Lewins
(1999) terminology, there remains a need to develop
preventive conflict resolution approaches which use
EmployeeEmployer Grievances
the informal consultation and discussion which typically occur in the first stage in the grievance process,
rather than focusing on reactive conflict approaches
of subsequent formal grievance handling where the
relationship has deteriorated and may decline even
further.
This reconceptualization of grievances must
include the longstanding industrial relations concept
of power which has regained prominence in the contemporary debates regarding ADR options (Colvin
2005; Mahony and Klaas 2008; van Gramberg 2001).
As Bingham observes:
I bring to this discussion a particular frame: power.
Control over dispute system design makes a fundamental difference in both what form a workplace
conflict management system takes and how it functions. The key distinguishing feature in new workplace systems is that employers design them
unilaterally, without union participation. They are
designed by employers in order to meet employer
interests. (Bingham 2005, p. 131)
Research into the role of power is not limited to
system design and the newer dispute procedures.
Aside from passing mention in the first generation
of research (Lipsky and Avgar 2004), the concept has
received little explicit attention in the grievance literature, despite the prospect of powerful players
being involved on one or both sides of a dispute. The
issue of power takes on greater significance for
employees, given the decline in union coverage and
the concurrent individualization of the employment
relationship. The existing research does examine a
range of variables such as those associated with
expectancy models, post-grievance outcomes and
management retribution, which have connotations of
power and could be reframed as power-related phenomena. Bacharach and Bamberger (2004), however,
are among the few recent researchers actually to take
the step of reconceptualizing one specific set of variables, in their case labour market factors, as explicitly power-related elements. This reframing of the
phenomena in terms of power does not occur in the
majority of the research though.
Managers now face increased pressure to deal
directly with employee grievances. New human
resource management methods involve companies
designing their own in-house conflict management
procedures (Colvin 2003a; Costantino and Merchant
1996; Gadlin 2005; Lipsky and Avgar 2004). At the
same time, there are also external pressures as governments move to decentralize dispute resolution to
the workplace level, promoting earlier, low-level
53
resolution among the parties directly involved
(Chapman et al. 2003; Cullinane and Donald 2000;
Earnshaw et al. 2000; Van Gramberg 2006). The difficulties of research access in this field are well recognized (Bingham 2005, 2007; Bingham and
Chachere 1999, p. 97; Lewin 1999, p. 171), nonetheless, further development of research is needed to
ensure that new procedures are well-grounded in
theory, effective in practice and are fair to all
parties.
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