8.5 Grievance-Arbitration and Unfair Labor Practice Risk

Grievance Handling in a Union Environment

A grievance is a formal claim that the employer violated the collective bargaining agreement, a related side agreement, or a practice tied to the labor relationship. The procedure is usually written in the CBA and may include several steps, such as supervisor meeting, written grievance, HR or labor relations review, higher-level conference, and arbitration. The PHR exam often tests whether HR respects the procedure instead of treating the grievance as ordinary employee dissatisfaction.

Timelines matter. A CBA may require the union to file a grievance within a set period, and it may require management to respond within a set period. HR should maintain a grievance log with filing date, issue, contract articles cited, requested remedy, response due date, meeting dates, decision, and next step. Missing a deadline can damage the organization's position even when the facts are strong.

Grievance File Checklist

Arbitration may occur if the grievance is not resolved through earlier steps. An arbitrator hears the dispute and issues a decision under the agreement. HR supports arbitration by organizing the file, preparing witnesses, confirming chronology, identifying contract language, and coordinating with labor counsel or labor relations specialists. HR should not embellish facts or hide weak evidence; credibility matters.

Some labor problems are more than contract disputes. Unfair labor practice risk may arise when management interferes with protected rights, discriminates because of union activity, refuses to bargain in good faith, or makes unilateral changes where bargaining is required. A grievance may involve one of these issues, or a separate charge may be filed. HR should escalate when a matter involves protected activity, bargaining refusal, union discrimination, or manager threats.

Retaliation prevention applies in labor relations too. Employees should not be punished because they filed a grievance, served as a witness, acted as a steward, supported a union, or participated in protected concerted activity. HR should review discipline timing and consistency when a grievant is later selected for discipline, layoff, shift change, or unfavorable assignment.

Settlement can be appropriate. Not every grievance needs arbitration. HR may resolve a dispute by correcting pay, reassigning overtime, removing or modifying discipline, clarifying language, or agreeing on future practice. Settlement decisions should be documented and approved by the proper stakeholders.

Use this grievance workflow:

1. Log the grievance and identify deadlines.
2. Read the CBA articles and requested remedy.
3. Gather facts, records, witnesses, and past outcomes.
4. Prepare a timely, factual response.
5. Escalate arbitration or unfair labor practice risk.

For PHR purposes, the best answer is process-heavy. HR should not ignore the grievance, miss timelines, retaliate against participants, or bypass the union representative when the CBA requires a defined procedure.