Case characteristics affecting the method of grievance dispute settlement

In 1986, we reported the results of an attempt to model the inner, workings of grievance arbitration. We concluded that the primary determinant of whether or not a grievance is settled privately or through arbitral award is the degree of private, outside legal representation. This article extends that work. Utilizing a more sophisticated statistical technique with a better specified list of explanatory variables, it identifies two additional grievance case characteristics that influence the method of grievance settlement: case complexity and type of dispute. The probability of an arbitrated settlement is greatest where the issue is simple and involves discipline and where the parties are represented by private, outside attorney advocates.     

Lawyers,gender and grievance arbitration outcomes

Why should the grievant’s gender or the presence of legal representation affect arbitration outcomes? The “chivalry hypothesis” holds that male arbitrators will tend to favor female grievants; its theoretical mirror image, the “evil woman” hypothesis, suggests that female grievants suffer a comparative disadvantage vis-à-vis similarly situated males. However, neither hypothesis (both drawn from criminologists’ studies of judicial sentencing patterns) applies all that well to the grievance arbitration process where, unlike in the court system, the parties themselves select their decision-maker. This is not to say that the grievance arbitration process is free of gender discrimination, only that arbitrators are probably not the source of any pro- or anti-female bias which may be uncovered.     

Considering grievance mediation

This article uses a public sector case study and a review of the social science literature on disputing processes to question assumptions made by labor relations advocates of grievance mediation. The author argues that labor policy on alternative grievance resolution processes cannot be adequately made without consideration of the specific labor-management relationship within its social context. A model is proposed to assist parties considering grievance mediation by making the social context more explicit.     

An arbitrator looks at grievance arbitration

This article is an overview of the major considerations that are crucial in the thought processes of an arbitrator in deciding a grievance-arbitration case. An arbitrator’s first obligation is to interpret and apply provisions of the labor agreement in a manner consistent with the intent of the parties. Past practices or precedents are often considered by arbitrators to assess the intent of the parties and to decide certain issues. The most subjective area confronting arbitrators is that of fairness and equity, primarily in discipline/discharge matters where just cause must be demonstrated. Most arbitrators apply the preponderance of evidence standard as the required burden of proof in deciding equity matters. Consistency in handling of prior cases and documentation are especially important in an arbitrator’s weighing of evidence. In summary, grievance arbitration is an extension of democratic due process to the industrial and business world. This article was prepared for presentation at a seminar sponsored by the American Management Foundation, May 6–7, 1993 (Chicago, Illinois). It is a revised, updated version of an article that originally appeared in the October, 1978 issue ofPersonnel Journal.     

The nonunion grievance procedure: a viable system of due process?

This article reviews and critiques the literature covering the functions, structure, and viability of the nonunion grievance procedure. The authors give several arguments in support of their position that the benefits outweigh the costs of such a procedure for unorganized staff whether viewed in terms of society, the employee, or the labor market parties. Next the article briefly summarizes the empirical literature reporting on the operation of nonunion grievance procedures in a number of private-sector firms. These results are linked to the two conceptual models of an effective grievance procedure advanced by Yenney and Epstein. The authors, based on their assessment of organizational practice, identify several potential and real problems with the presently operating nonunion grievance systems in most American firms. Finally, the article concludes with a set of research propositions that systematically address both the current criticisms of the viability of such a procedure and whether most grievance procedures covering unorganized employees meet the standards of due process and organizational justice generally found in union grievance systems.     

Mitigating factors in substance abuse discharge grievance arbitrations

One response to the problem of substance abuse is simply dismissing those employees who misuse or abuse drugs or alcohol. If the dismissal is challenged before an arbitrator, what particular grievant factors affect the outcome? Analyzing a recent data set, this research note suggests that arbitrators are influenced by grievant-specific factors, but most significantly by the nature of the substance in question. It is argued that this result may be discriminatory in that misuse of drugs or alcohol pose more or less similar health and safety risks to the employer, the public, and other employees. This result may reflect general societal values, mirrored by arbitrators, of which grievants, their representatives, and their employers ought to be aware.     

Experimental evidence of gender effects in arbitration decisions

The study investigates arbitrator gender and arbitrator-grievant gender effects on the decisions of 146 arbitrators rendered on a hypothetical sexual harassment case. Gender was not found to have a statistically significant effect on the decisions examined. However, other characteristics of the arbitrator—level of experience and level of education—were found to influence the arbitral decision.     

Organizational governance and the grievance process: In need of a new model for resolving workplace issues

This article begins by providing insights from the research literature on the union and nonunion grievance processes in the United States. We then take a look at the status of “voice” in the American workplace and identify both inherent and practical implementation problems in providing employee “voice” regarding workplace rules. Finally, we lay out the elements of a viable system that would best meet the criteria for procedural and substantive due process in the employment relationship.     

对海峡两岸衡平仲裁制度的比较观察

文章从对海峡两岸的衡平仲裁制度的比较研究入手,找出各自的特色和不足,取长补短。严格的讲衡平仲裁制度在国际上是备受争议的。希望能够从比较研究的视角找出合理的利用办法,明晰争议的重点是如何在当事人意思自治和法律规范之间取得平衡。     

Protecting employee safety rights: OSHA or arbitration?

This paper analyzes the protection of employees against employer retatliation for seeking a safe and healthy workplace. It discusses the exercise of rights guaranteed by the Occupational Safety and Health Act (OSHA) of 1970 and compares the legal protection of Section 11(c) of that Act with the grievance arbitration mechanism found in most union contracts. It also considers the importance of union representation in the ability and protection of employees seeking to exercise their OSHA rights. Administrative and legislative recommendations are made to improve the OSHA procedures, and questions are raised regarding adapting arbitration procedures to the OSHA mechanism.     

黑龙江省房地产开发企业资金来源情况分析

依据黑龙江统计年鉴数据分析黑龙江省房地产企业的资金来源,包括对各项资金来源增长率以及各项资金构成变化的分析。通过分析可明确各项资金来源的增减趋势以及构成的变化趋势,可为从资金来源方面调控黑龙江省房地产的资金供给提供参考依据。     

浅谈南宁市饮用水水源地保护规划

文章根据对南宁市城市饮用水水源地水质现状及污染源情况的分析,提出饮用水水源地保护区划定方案,并对一级保护区、二级保护区污染防治工程进行了规划设计,提出了保护对策。     

城市非常规水源保障措施研究

本文首先简要阐述了城市非常规水源的概念及重要作用,然后结合非常规水源利用的实际情况,从政策法规、机构保障、工程建设、运行监管、公众参与等方面分析了非常规水源利用的保障措施,可为缺水城市制定非常规水源利用的实施方案提供参考,具有现实意义。     

Constructive responses to sexual harassment in the workplace

Sexual harassment is a significant problem in the workplace, including the union work environment. A repertoire of positive responses can be called upon to deal with sexual harassment: (1) Complainants can be empowered to become agents of action and to respond effectively, orally or in writing, to sexual harassment. (2) Shuttle diplomacy utilizing a neutral third party can be effective in both stopping harassment and fostering communication between grievant and harasser. (3) Mediation by a neutral third party can provide immediate communication and restoration of a constructive workplace atmosphere. (4) Generic solutions (workshops, seminars, etc.) focus on the problem or on a generalized approach to improve the workplace setting rather than the individual. (5) Establishment of sexual harassment policies or a policy of well-being of staff can establish a supportive institutional framework. (6) As an extension of its sexual harassment or well-being policies, management can convene workshops, seminars, etc. to educate all its constituents. (7) In many organizations, appointment of an Ombudsperson has provided an effective mechanism for dealing with harassment. This ensemble of options can be utilized prior to loding a formal grievance. In many instances, these maneuvers can effectively deal with sexual harassment.     

贫困地区农村公路建养资金来源研究

农村公路作为连接城乡的"毛细血管",起到的作用是不容忽视的。按照我国现行农村公路的修建标准,"凡建即补"的政策,只有在地方配套资金到位的前提下,上一级政府才会依据补助标准拨款。然而贫困地区由于经济发展水平较低,资金匮乏,配套资金问题严重,导致农村公路修建里程及养护远远达不到需求。本文主要从贫困地区农村公路建设与养护现状与存在问题出发,突破传统的"一刀切"政策。     

时变需求下耐烦期有限且购买费用滞后支付的库存模型

在时变需求下考虑耐烦期有限的库存模型。同时,将购买费用的滞后支付首次引入到该模型,提出了在三种不同的滞后支付规则下寻求最优订货策略的库存控制模型。     

非营利组织筹资渠道与方式探析

各类非营利组织已成为重要的社会组织形式,拓展筹资渠道,灵活运用各种筹资方式,提高自身筹资能力,是目前大多数非营利组织急待解决的问题。本文在分析总结非营利组织筹资现状和问题的基础上,提出拓展非营利组织筹资渠道与方式的对策措施。     

玉林城区饮用水水源地调查评价

通过对玉林市城区3个饮用水水源地进行调查,评价饮用水水源地的水质水量和生态环境状况,并分析其存在的问题及成因,为水源地的保护和治理提供依据。