Grievance

Definition: Grievance refers to any dissatisfaction or discontentment either expressed or not, either valid or not, but connected with anything arising out of employment which an employee thinks, believes and feels as injustice, unfair and inequitable.
-Michael.J.Jucius

Characteristics/Features of Grievance
It can be written or orally expressed and sometimes not expressed outwardly which are called latent grievances, which are more dangerous than the expressed grievances.

Grievance always need not be valid as it arises out of

perception of the employee which may not be true in reality. Any dissatisfaction/disagreement of an employee arising out of anything related to the co., or employment

conditions.

Causes of grievance/Disputes
Economic causes
Low wage/salary

Non-economic causes
Indiscipline of workers. Improper utilization of man hours. Resistance to change. Ineffective implementation of decisions. Multiple unions leading to inter union rivalry. Not recognizing union of workers. Lack of communication. poor working environment. Unilateral decisions by management. Unfair labor practices.

Lack of job security

Inevitable payment system Lack of additional allowances.

Wastage of resources by
employees or wasting the training program.

Surplus labor increasing salary

cost Unjustified demand for facilities

or change in system.

Effects of grievances
Leads to more number of labor turn over. Low productivity. Indiscipline. Indifferent attitude towards management. Arrogance. Improper discharge of duties. Too many arguments with superiors at work place. Wastage of cos., resources. Lack of co-operation and co-ordination among departments. Reduced morale.

Grievance settlement procedure

According to the recommendations of Indian Labor conference, every co., should have a grievance cell as a part of its Industrial Relations Machinery. The grievance if not sorted out in the initial stages it turns out into a dispute, increasing its proportions. Hence establishing a grievance settlement procedure in every co., is vital for maintaining cordial Industrial relations.

Phase-1: Employee who is facing a grievance shall bring it to the notice of the immediate supervisor for settlement. Supervisor shall respond within 3days. Beyond which a lower level union official shall enter into the process and refer the grievance to the middle level management. Phase-2: After the grievance is brought to the notice of middle level management it is supposed to find out a solution with in a week. Beyond which middle level union negotiates with the concerned manager to find out a definite solution for the problem. If this effect fails the grievance is brought to the notice of the top management.

Phase-3:
In this phase, union leaders discuss with top management to sort out the grievance. Usually the top management is given a week time to make suitable recommendation tot the concerned manager for a definite action. After receiving such recommendation from the top management the concerned manager has to act within 3 days. Beyond which the grievance will be referred to the arbitration procedure.
Note: 1. Number of steps involve & time frame may vary from organization to organization. 2. Involvement of top management occurs only when the issue is effecting all the employees in the organization. 3. It is not mandatory that the union must be involved in the grievance settlement.

Report problem to the immediate supervisor.

Resolved no further action required.

Union represents employee to the middle level management.

Resolved in allotted time, no further action required. Resolved no further action required.

Union represents employee to the top level management.

Arbitrator used to resolve the grievance.

Grievance rate
It is expressed as percentage in relation to number of complaints registered per every 100 employees. An ideal rate of grievance is 10 to 20 per 100 employees. Any grievance rate above or below this requires immediate attention of the management initiating suitable corrective measures.

Benefits of grievance procedure

1. Management can act quickly. 2. Absenteeism/labor turn over decreases. 3. Disputes of all types can be sorted out at the earliest. 4. Cordial industrial relations prevail in the organization. 5. Employees sense of belongingness improves. 6. The grievance comes to open and is not latent anymore, which helps to solve the problem more easily and with utmost satisfaction.

Points to be remembered while handling grievance

All grievance must be recorded in written. No grievance should be postponed. All grievances are considered important. Collecting of all relevant facts related to grievance is necessary. Develop all possible alternative solutions and evaluate them individually in relation to each other. Give sufficient scope to the worker to express his stand point of view. After taking decision, communicate it to the aggrieved employee. Follow up the decision implemented for effectiveness.

Grievance and dispute resolution mechanism

As Mahatma Gandhi advocated, always the disputes between the management and the workers shall be settled through collective bargaining or mutual negotiations.

However, incase it fails there must be some machinery functioning for settlement of industrial disputes. In India 3 machineries are set up by the Government of India for settlement of disputes or grievances.

Conciliation Machinery
1. Conciliation means, bringing the disputing parties under one roof in order to begin mutual negotiation. 2. Conciliation is accomplished by a 3rd person, Government has arranged conciliatory officers and conciliation board for this purpose. 3. Conciliation shall be accomplished with in 15 days; by the conciliatory officer, incase if fails, the dispute is referred to conciliation board, which has to accomplish this [conciliation] which in 2 months. 4. The role of conciliatory officer or the conciliatory board is restricted to only to convince both the parties to participate in negotiation. They cannot participate in the negotiation.

5. There are 2 kinds of conciliation; a)Voluntary conciliation:- Either workers or management take initiative and refer the case for conciliation b)Compulsory conciliation:- Directions from Government to the concerned machinery to initiate the conciliation process 6. According to the labor commission, there must be some arrangements made within the organization for the purpose of voluntary conciliation process 7. It must be noted that either management or workers must not resort to any negative action while conciliation is in progress. 8. If conciliation fails the dispute is referred for arbitration.

Arbitration Machinery
1. Arbitration refers to the view points of both the disputing parties i.e., management and the workers are presented to a 3rd person, who tries to point out the mutually agreeable solutions. 2. Government of India has established a national arbitration promotion board for the purpose of accomplishing arbitration process. There are 2 kinds of arbitration; a) voluntary arbitration Bringing a mutually agreeable 3rd person in front of who arguments of both the parties are presented for final solution. b) compulsory arbitration Recommendation of Government sending an arbitrator to the co., settling the dispute. there is no time bound frame for completion of arbitration.

3. According to Gandhian approach to industrial relations an industrial dispute shall be settled through voluntary arbitration incase CB fails. Disputes which are extended beyond the level of voluntary arbitration will have a damaging effect on the relation of management and workers. 4. Before management and workers resort to arbitration process, they can draft a binding agreement among themselves to accept what ever solution is suggests by the arbitrator as final. This kind of dispute ensures the settlement of disputes at the earliest without any need for adjudication. 5. Incase arbitration fails the dispute is referred to adjudication process.

Adjudication machinery
1. The adjudication process is similar to arbitration process in all respects expect that in the place of arbitrator a Judge/ Magistrate listens to the arguments of disputing parties and give final judgment. 2. Adjudication is of 2 kinds; a) voluntary adjudication - Initiative of one of the parties to file a case against opposite party in court of law. b)compulsory adjudication Reference of government to the judiciary to take up legal proceedings for settlement of dispute. 3. It should be noted that adjudication should be the last resort always when everything else fails.

4. Machinery for adjudication in India is comprised of hierarchy of courts with supreme court at the apex and with high court in respective states along with a series of sub-ordinate courts at district levels. 5. Survey indicates that adjudication strains the relations even though it is successful in finding out a definite solution for a dispute. 6. Demerits of adjudication; - Expensive - Time consuming It is a discriminating process as the judgment awarded may not be satisfactory to both the disputing parties always.