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Memo
To:
Director of Human Resources
From:
Brittany Wines
Re:
Union Grievance Incident
Dear Director,
I'm writing to discuss a union grievance that's recently been brought to our attention. The
grievance claims that during a recent HR incident, a member of our management team violated the negotiated progressive discipline process. The formal grievance includes several complaints. Firstly, the union employee was suspended without pay for one day after leaving work early without their manager's permission. Secondly, the union employees felt they were not
properly represented during a meeting with their manager. Lastly, the employee claims they were unable to explain their reason for leaving work early.
The manager has defended their actions, stating that the suspension was necessary regardless of the employee's union status. The manager emphasized that the department's attendance policy applies to all employees and that all employees must notify their manager before leaving early. The manager also pointed out that non-union employees would have faced
similar consequences for leaving early without permission. Furthermore, the manager stated they gave the employee an opportunity to seek representation and offered the employee ample time to explain their actions.
While the manager's intention to treat all employees equally is commendable, it's crucial to recognize that certain differences exist between union and non-union employees. For
instance, while non-union employees can file a grievance, union employees are entitled to have a union representative present during meetings with management. The National Labor Relations Act (NLRA) grants union-represented employees the right to have a representative present during interviews that could lead to discipline. Additionally, the NLRA mandates that representatives should be given at least five days' notice before disciplinary meetings.
The situation has potential impacts on employee morale and relationships within the company. Non-union employees might perceive union employees as receiving preferential treatment, which could lead to resentment and decreased morale. Union employees might feel that the company is not honoring the collective bargaining agreement or is retaliating against them for their union membership. Moreover, a breakdown in trust between HR and employees can lead to deteriorating relationships and decreased productivity. It's imperative that we address all complaints promptly and thoroughly, regardless of the employee's union status. Failing to do so could lead to legal consequences, including litigation and fines. I recommend providing managers and HR staff with additional training on handling union employees and ensuring that grievances are handled according to our union agreement and the NLRA.
Sincerely,
Brittany Wines
References
2
Difference Between a Unionized Vs. a Nonunionized Workforce
. (2020, July 2). Small Business - Chron.com. https://smallbusiness.chron.com/difference-between-unionized-
vs-nonunionized-workforce-22350.html
Employer Safety Incentive and Disincentive Policies and Practices | Occupational Safety and Health Administration
. (2012, March 12). https://www.osha.gov/laws-regs/standardinterpretations/2012-03-12-0
Industrial Relations Objectives
. (2016, October 26). Small Business - Chron.com. https://smallbusiness.chron.com/industrial-relations-objectives-59766.html
Weingarten Rights | National Labor Relations Board
. (n.d.). https://www.nlrb.gov/about-
nlrb/rights-we-protect/your-rights/weingarten-rights
3
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