"The main objective in managing the organization's conflicts is not to suppress them, but to resolve them."
Even though the collective agreements do not vary much from one another, depending on the conditions of each business or industry and the personality of the negotiators of the parties - Capital and Labor - generally the agreements contain provisions of very similar basic clauses.
Thus, for example, collective agreements normally contain a preamble, a purpose, the legal status of the concerned labor organization, provisions on management prerogatives or administration rights, hours, wages, holidays, Complaints Committee, Grievances, strikes and employer stoppages ('' lock-out ''), validity and renewal of the collective agreement, etc.
In the dynamic and interesting field of labor-management relations, no point of view is sacrosanct; However, we can say with enough certainty that collective bargaining does not end with the signing of the collective agreement. This is so, since both the representatives of the management and the leaders of the workers' organizations have to continue living together in accordance with the agreed upon throughout the term of the agreement.
The nature of collective bargaining puts pressure on the parties' negotiators and forces them to agree to general contractual provisions and others that are somewhat confusing and sometimes even contradictory. And this is because negotiators, on some occasions, do not want to have to find and resolve an underlying difference that could very well cause a deadlock in the negotiation of the collective agreement.
In other words, it is often not easy for negotiators to compromise on an ambiguous clause, which each party may interpret differently. For these reasons, among others, is that most of the collective agreements, both in Puerto Rico and in the United States, contain a Clause and Grievances clause for the peaceful contractual adjustment of disputes that arise during the term of the collective agreement in question.
It should, therefore, be noted that after the contracting parties negotiate and sign a collective agreement or contract and incorporate into it a provision for Complaints and Torts; They are obliged to try (in good faith) to resolve their conflicts before that domestic court of first instance; while the term of the collective agreement is extended.
The Complaints and Grievances Procedure serves a diversity of functions within the scope of labor-management relations. As an example, the Complaints and Grievances Committee may pursue the cardinal objective of interpreting the terms and / or application of the collective agreement, when one or more contractual provisions may be in conflict. Likewise, the Complaints and Grievances Committee can be used as a highly sensitive instrument or mechanism to detect and / or locate "diseased parts" in the operation of the company; even to point out the ineptitude of certain supervisors or the members of the Complaints and Grievances Committee in their respective roles within the company.
Indeed, the fact that an excessive number of complaints, problems or disagreements are registered in a company or business is an indication that something bad is happening within the personnel of said company. If the number of complaints and grievances is unusually large, it could be a bad sign. Sometimes we find that this situation is due to the fact that the morale of the workforce in the company concerned is very low; or that the communication channels between management and its employees have been interrupted or are not working properly.
It is possible that management or the Human Resources Office could deal with these types of conflicts by adopting a clinical approach rather than one of a legal nature; regarding the Complaints and Grievances Procedure. Perhaps it would even be prudent to try to eliminate, as far as possible, the source of conflict rather than win cases. Many times the apparent triumphs could be futile and ineffective in terms of promoting a better labor-management relationship.
When the relations between the parties are harmonious and cordial, the Complaints and Grievances Committee can be used as an excellent instrument to adjust, practically, all the conflicts and disagreements that normally occur between supervision and employees. This Committee could become a powerful and effective weapon in the peaceful, orderly and systematic settlement of problems and conflicts of the company covered by the collective agreement.
Conversely, when relationships are bad, the Grievance and Grievance Procedure can become an instrument of conflict and tension. This misused first instance contract court could serve the purpose no longer to resolve complaints and grievances between the employee and the supervisor, or between the labor organizations and the company; but to try to promote the particular interests of either party, or both, in connection with a future show of force. In other words, this magnificent contractual instrument, of peace and harmony, can become a kind of guerrilla war in which the parties involved in the controversy begin to bother continuously, trying to maintain their forces within a kind of martial order.;ready to release an open conflict that can be prolonged after the term of the collective agreement.
Due to the preceding considerations, among others, it is that the Complaints and Grievances Procedure has been described as the heart of labor-management relations. And it certainly is. Ultimately, the collective agreement is simply a framework. A structure of principles and procedures. In order for the relationships established by collective bargaining to be fulfilled, it is necessary to fill that framework with the answers that correspond to the countless problems that affect the normal course of industrial activities on a daily basis.
It is undeniable that the collective agreement needs to be properly administered, understood and interpreted; in accordance with applicable labor law and jurisprudence. This is what the Grievance and Grievance Committee generally does. Therefore, it is correct to affirm that the collective agreement is described as the structure of a building; and to the Complaints and Grievances Procedure as the bricks and the mixture with which that framework is filled and that building is finally made habitable. What we wish to point out with the foregoing is that the Complaints and Grievances Committee is what will fill that framework with decisions and procedures that will eventually define labor-management relations in a unionized company.
The foregoing shows how important the Complaints and Grievances Committee is; and to what extent it is almost essential to incorporate these mechanisms for the peaceful adjustment of complaints into the provisions of collective agreements. A Complaints and Grievances Committee is a systematic plan that establishes the steps and / or stages to be followed, generally within specific time limits for the processing or processing of a specific grievance. It is a process through which the employee, either directly or through their union representatives, has the opportunity to express, orally or in writing, their dissatisfaction with their relationship with the job.
The nature and effectiveness of the Grievance and Grievance Procedure will depend on the wishes and needs of the parties. Also, it should be noted that different kinds of complaint and grievance procedures are constantly emerging in order to try to satisfy the variety and complex dynamic situation of the labor environment in unionized companies. This procedure could also be classified according to its structure, as official or unofficial; within its scope, as limited or unlimited; according to usage and custom, as legalistic or clinical; or according to the business area thus represented. Consequently, the classification and / or classification of complaints or grievances could be made according to their origin or nature of the same.
In Puerto Rico, Complaints and Grievances Committees are generally simple. That simplicity is plausible and should be encouraged as far as possible. Now, what the contracting parties should not lose sight of is that after they negotiate and establish in their collective agreements a provision or Complaints and Grievances Procedure, they must honor the agreement. That is, both the union and the employees and employers must adhere to the requirements of these procedures thus agreed. In addition, they must observe the time limits stipulated there to the letter. And, certainly, they must and are obliged to exhaust the Complaints and Grievances Procedure as a domestic court of first instance,before being able to resort to the arbitration procedure and / or any legally recognized concerted action within our legal framework.
It is urgent to point out that time limits are fatal and decisive. That its non-compliance, as established in the collective agreement, can endanger industrial stability and peace, which, after all, is the main objective of collective contracts or agreements. In addition, the time limits that are negotiated and incorporated into collective agreements constitute safeguards against delays that hinder the effective processing of complaints and grievances that arise between the contracting parties; thus preventing disputes from accumulating unnecessarily. Finally, it is necessary to point out the need to create awareness among the representatives of the parties regarding the great responsibility that they assume when they are part of the Complaints and Grievances Committee;within the context and dynamics of labor-management relations. The parties must understand that if the day-to-day administration of the Complaints and Grievances Procedure is not effective, then the collective agreement as such is of little value. That the success and effectiveness of the Committee will depend on the attitude of the parties to collaborate with each other, with trust and mutual respect.
That if that spirit does not exist, not even the best of the complaint and grievance systems will give satisfactory results or benefits. That the goodwill of the contracting parties is not enough; and that no complaint or grievance, concern, offense or perception of injustice on the part of the employee; should be dispatched lightly. That failure to respond to a complaint or grievance in a timely manner can lead to greater difficulties and setbacks in the company. That what may seem trivial to a supervisor, may be very important and transcendental for the employee concerned. That it is evident that if a complaint is addressed and processed on time and with interest; it probably won't become a grievance. And, finally, that if a complaint or grievance is not processed with the urgency and importance of which it may be covered; the employee in question will be inclined to feel aggrieved or offended.
It is important to keep an eye on the small friction fields and try to solve them quickly and efficiently; since they can easily generate unnecessary discord between the parties. Often times it is the little things that give rise to the big ones. Thus, well, it seems wise to deal with all complaints or grievances promptly; whether they are tangible or intangible, personal or impersonal, real or imaginary, specific or general, rational or irrational, objective or subjective; since if they are not taken care of and they are solved with the diligence that they demand they can turn into a labor problem of greater magnitude. The true path to industrial peace, in the administration of the collective agreement, is determined by the expeditious settlement of complaints or grievances; attending to the reasons that gave rise to them.There are no "minor" complaints. They all have a reason for being.
According to the distinguished American arbitrator, conciliator and professor William E. Simkin, there are four goals and objectives that a good Complaints and Grievances Committee should pursue, namely;
1) The psychological goal- That is, as a forum to air complaints or grievances from employees. It is likely that if the employee is allowed to vent in a sensitive and respectful way, the problem can be resolved quickly and harmoniously; without causing hard feelings in the workshop. In this way, the Complaints and Grievances Committee will act as an effective communication mechanism or therapeutic agent that will eventually produce incalculable benefits for the parties involved in the achievement and maintenance of industrial peace.
It is also urgent to point out that the desire for personal recognition and security, in addition to the interest to participate in the decision-making process of the company; they are factors of utmost importance for all unionized workers. It is for these reasons that the factors that generate complaints and / or grievances do not necessarily respond to frivolous or imaginary situations. Generally, they are symptoms of the employee's fear that his tenure in the job could be harmed.
2) The goal of collective bargaining- That is, to carry out the effective, day-to-day administration of the collective agreement. This objective dispels and neutralizes the erroneous notion that some people form, that collective bargaining is carried out only while the process of negotiating the collective agreement as such takes place. Experience reveals that collective bargaining is a continuous process that does not end with the completion and signing of the collective contract. It should be understood that as soon as the negotiation and signing of the collective agreement ends; the negotiation process continues. This is so, since the administration of the contract, once it is negotiated; implies or represents the responsibility acquired by the parties at the negotiation table,to get involved in the most important phase of this phenomenon; the administration of the complaints and grievances procedure within the context of the dynamics of labor-management relations in a unionized company. Considering, in particular, the fact that there is no way to foresee or anticipate all the contingencies or all the problems that may arise during the validity of a collective agreement. So that the relations between the employee and the management can run in a peaceful and cordial way; It is necessary to ensure that the parties that make up the Complaints and Grievances Committee channel and try, in good faith, to elucidate all the problems that arise during the administration and validity of the collective agreement.the administration of the complaints and grievances procedure within the context of the dynamics of labor-management relations in a unionized company. Considering, in particular, the fact that there is no way to foresee or anticipate all the contingencies or all the problems that may arise during the validity of a collective agreement. So that the relations between the employee and the management can run in a peaceful and cordial way; It is necessary to ensure that the parties that make up the Complaints and Grievances Committee channel and try, in good faith, to elucidate all the problems that arise during the administration and validity of the collective agreement.the administration of the complaints and grievances procedure within the context of the dynamics of labor-management relations in a unionized company. Considering, in particular, the fact that there is no way to foresee or anticipate all the contingencies or all the problems that may arise during the validity of a collective agreement. So that the relations between the employee and the management can run in a peaceful and cordial way; It is necessary to ensure that the parties that make up the Complaints and Grievances Committee channel and try, in good faith, to elucidate all the problems that arise during the administration and validity of the collective agreement.all contingencies or all problems that may arise during the term of a collective agreement. So that the relations between the employee and the management can run in a peaceful and cordial way; It is necessary to ensure that the parties that make up the Complaints and Grievances Committee channel and try, in good faith, to elucidate all the problems that arise during the administration and validity of the collective agreement.all contingencies or all problems that may arise during the term of a collective agreement. So that the relations between the employee and the management can run in a peaceful and cordial way; It is necessary to ensure that the parties that make up the Complaints and Grievances Committee channel and try, in good faith, to elucidate all the problems that arise during the administration and validity of the collective agreement.
3) The pedagogical goal - This refers to the development of the Complaints and Grievances Committee, as an educational instrument for the improvement of relations between the parties concerned. Mr. Simkin states that, in his opinion, the Grievance and Grievance Procedure is an excellent school for more effectively educating contracting parties. This does not mean, he continues, that the union education work carried out by workers' organizations and companies should be paralyzed or eliminated with the use of committees; rather, the advantage of the procedure, as a pedagogical instrument, deals more effectively with matters, complaints or grievances that may arise between the contracting parties.
4) The goal of preventive maintenance- That is, the task facing the contracting parties of trying to resolve the emergence of complaints; before they increase. It is worth highlighting the importance that the Complaints and Grievances Committee members should assume a more proactive role in the management, attention and resolution of those controversies that arise during the administration of the contract or collective agreement. Thus, for example, Committee members must hold regular meetings; not only when specific problems arise, but to promote the exchange of impressions in the interest of anticipating problems and disagreements that may lead to unnecessary resentments and friction. Company and union representatives, if you have your eyes and ears wide open,they can prevent and detect with some anticipation, in most of the times; conflicts or complaints that potentially turn into uncontrollable problems.
It seems obvious that if the parties manage, with sufficient time, to realize that a problem may arise, it is capable of being solved before it comes before the consideration of the complaints, grievances and arbitration mechanism; which would result in a more secure, lasting and permanent industrial peace.
In short, we understand that in the context of the process of administering a collective agreement, a well-structured Complaints and Grievances Procedure is a social investment of great value and importance for our democratic society. That it constitutes a means through which the employee and the management can elucidate and / or process their problems; Thus creating a peaceful, harmonious and equitable mechanism which allows to effectively settle all disputes that usually arise, within the framework of labor-management relations and the administration of human resources in a unionized company.
Finally, if the Complaints and Grievances procedure works properly, the collective agreement will work properly; But if it does not work effectively, then the agreement will become inoperative and the end result could be war.
