The National Labor Relations Act (NLRA) of 1935

The National Labor Relations Act (NLRA) of 1935 was established to help protect the rights of employees and employers, encourage collective bargaining, and discourage harmful labor and management practices. It also created the National Labor Relations Board (NLRB). When employees work at a unionized company, the union negotiates for wages, hours, and other workplace factors. However, if an employee or group of employees finds that their company is not following parts of the collective bargaining agreement, they can file a grievance. In your assignment, please answer the following questions:

Based upon your experience or recent research, what are some examples of grievances?
If you had to report a grievance to the NLRB, what steps would you take?
Using recent examples, what are the differences between mediation and arbitration?
If you were a human resources (HR) professional, what strategies would you recommend the company take to create a work climate where disputes could be resolved and grievances are a last resort?

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Sample Answer

Examples of grievances

  • Discrimination or harassment
  • Unfair labor practices, such as retaliation for union activity or interference with the right to organize
  • Unfair treatment by supervisors
  • Unsafe working conditions
  • Violations of the collective bargaining agreement, such as pay disputes or issues with benefits or scheduling

Full Answer Section

Steps to report a grievance to the NLRB

  1. File a charge with the NLRB. This can be done online, by phone, or in person at a regional NLRB office.
  2. The NLRB will investigate the charge and determine whether there is merit to it.
  3. If the NLRB finds merit to the charge, it will issue a complaint against the employer.
  4. The employer will have the opportunity to respond to the complaint.
  5. If the employer does not resolve the issue, the NLRB will hold a hearing.
  6. After the hearing, the NLRB will issue a decision.
  7. If the NLRB finds that the employer violated the NLRA, it will order the employer to take corrective action.

Differences between mediation and arbitration

Mediation is a voluntary process in which a neutral third party helps the parties reach a mutually agreeable resolution. The mediator does not make a decision for the parties, but rather helps them to communicate and negotiate effectively.

Arbitration is a binding process in which a neutral third party hears the case and makes a decision that is enforceable by a court of law. Arbitration is often required by collective bargaining agreements, but it can also be used to resolve disputes between individual employees and employers.

HR strategies to create a work climate where disputes could be resolved and grievances are a last resort

  • Create a clear and fair grievance procedure.
  • Train employees and supervisors on the grievance procedure.
  • Encourage employees to come to their supervisors or HR with any concerns.
  • Take grievances seriously and investigate them promptly.
  • Resolve grievances fairly and quickly.
  • Promote a culture of respect and open communication.
  • Provide employees with opportunities to provide feedback and suggestions.

Here are some additional tips:

  • Be transparent and honest with employees. Employees are more likely to trust their employers and be willing to resolve disputes internally if they feel like they are being treated fairly and honestly.
  • Encourage employees to speak up about problems. Employees should feel comfortable coming to their supervisors or HR with concerns without fear of retaliation.
  • Be responsive to employee concerns. When employees do come forward with concerns, employers should be responsive and take action to address the problems.
  • Create a culture of collaboration and teamwork. When employees feel like they are part of a team and that their voices are heard, they are more likely to be satisfied with their jobs and less likely to file grievances.

By following these strategies, HR professionals can help to create a work climate where disputes are resolved quickly and fairly, and where grievances are a last resort.

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