Grievance Case Study Assignment Summer 2016

Published: 2021-09-04 01:20:12
essay essay

Category: Business

Type of paper: Essay

This essay has been submitted by a student. This is not an example of the work written by our professional essay writers.

Hey! We can write a custom essay for you.

All possible types of assignments. Written by academics

Grievance Case Assignment  Using the Case Study Approach, write an essay on the Fred Cummings case below. Your essay should be approximately 5 pages, double spaced. It is worth 10% of the final grade. It may be done alone or in teams of two. If more than two people do an essay, I will divide the total mark by the number of people.   You can reference other cases in your decision or you may simply base your decision on your own reasons.   You have to analyze the case and to write up an arbitration award with reasons for your decision. If you have any questions regarding this assignment, bring them up in class or email me.  Gerald Swartz  CASE STUDY APPROACH: GRIEVANCES  All grievances take the same format.  They all come out of complaints or concerns about alleged misinterpretations, misapplications, or violations of the existing collective agreement.    The grievance itself is a process for raising the complaint.  The grievance, even if it starts off with an informal, verbal complaint, must become written and formalized according to the procedure in the collective agreement.  The right to grieve is established in the various provincial and in the federal labour relations legislation.  When studying grievance cases we see that the most important part of the case is the statement of the issue.  What is the grievance saying has been done?  How or why is this wrong?  The issue statement may offer further detail as to who has been harmed and how they have been harmed.  Grievances which the parties are unable to resolve through the grievance procedure may go forward to arbitration.    The arbitrator looks at the case from the perspective of what questions have to be answered in order to make a decision on the dispute.  The primary question comes from the grievance statement and takes the form of “Did the company’s action (or inaction) violate the collective agreement?”  For example – did the company violate the collective agreement by suspending worker Smith?    If the arbitrator decides yes, then the arbitrator is accepting or agreeing with the grievor (virtually always the union) AND must then also make a decision as to how to correct or rectify the decision.    If the arbitrator decides no, that means the arbitrator has denied or rejected the grievance and upheld the original management decision or interpretation.  All grievances are decided on the merits of the case.  However, arbitrators may be influenced by decisions of other arbitrations or by past practices of the parties.  If the wording of the collective agreement and the circumstances of the case are similar between the case at hand and an earlier case, the arbitrator may be influenced by the earlier decision.  However, the arbitrator can make their own decisions and need not be bound by the precedents of other cases.

Warning! This essay is not original. Get 100% unique essay within 45 seconds!


We can write your paper just for 11.99$

i want to copy...

This essay has been submitted by a student and contain not unique content

People also read