Contract Administration, Arbitration, And Employee Disciplin ✓ Solved

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Contract Administration Arbitration And Employee Discipline

The labor agreement has been finalized, and the torch, in a sense, is passed on to management. Contract administration is just as important as the negotiation process. Contract administration involves interpretation and application of the negotiated labor provisions. In contract negotiations, the union is typically the initiator; the union usually wants changes in the present agreement.

In contract administration, management assumes the initiating role. The union makes sure management applies the provisions of the negotiated agreement correctly. In other words, management exercises its administrative initiative to make decisions (Holley et al., 2017, p. 497). Management ensures the operation runs efficiently and is not jeopardizing the day-to-day business activities of the organization. There are still other contractual issues for management to consider relating to employment arbitrations and disciplinary actions.

The management team is responsible for resolving claims of discrimination, employee discipline problems, and disputes over personnel policies and selecting an arbitrator if the issue cannot be resolved. In a featured scenario, an employee, Paul, believes he was not selected for a promotion due to age discrimination and has faced disciplinary action for tardiness impacting productivity. Paul has requested union representation after being terminated. The HR director must address both discrimination claims and inappropriate management practices.

Understanding Contract Administration

Contract administration is a critical phase post-negotiation in labor relations. This phase demands effective management engagement to interpret and enforce the collective bargaining agreement (CBA). Effective contract administration not only reinforces the negotiated terms but also ensures compliance from both parties. Management must address grievances while maintaining operational efficiency. Moreover, this phase encompasses the resolution of any disputes regarding interpretations of the CBA which may arise, such as in the case of employee discipline and complaints about workplace discrimination (Holley et al., 2017).

Step-by-Step Management Response

As HR director, addressing Paul’s concerns and the department manager's misconduct requires a methodical approach. The following steps outline this process:

1. Review Paul’s Case

The first step is to review the circumstances surrounding Paul’s dismissal. This includes examining the following aspects:

  • Documentation of Paul’s attendance and tardiness records over the past few months.
  • The rationale for his non-selection for promotion, ensuring fair employment practices were followed.
  • Ensuring communication of company policies regarding tardiness was clear and adhered to by all employees.

2. Investigate the Discrimination Claims

The next step is to investigate Paul’s claims of age discrimination. This involves:

  • Gathering evidence regarding the promotion decision. Who were the other candidates, and what was the selection process?
  • Consultation with the relevant managers to clarify motivations behind the non-promotion decision.

3. Address Overtime Violations

Regarding the department manager's violation of the CBA related to overtime compensation:

  • Assess the specific terms of the CBA regarding overtime.
  • Ensure that all managers are adequately trained and informed about CBA provisions.
  • Implement corrective measures to align managerial practices with the contractual obligations concerning employee compensation.

4. Facilitate Conflict Resolution

In the event that disagreements arise with Paul regarding the handling of his case, employing arbitration becomes essential. As stipulated in the CBA, resolving disputes transparently upholds labor relations integrity. Coordination with arbitrators familiar with labor law and arbitration processes ensures that the solution is fair and impartial (Holley et al., 2017).

Conclusion

Contract administration is a vital process that places a significant responsibility on management to uphold the negotiated terms while ensuring positive labor relations. Procedural adherence to contracts serves not just as a formality but as a mechanism for maintaining organizational stability. As disputes surface, proactive engagement, transparent communication, and ethical compliance form the basis of effective conflict resolution. Through reviewing and addressing Paul’s case alongside the surrounding circumstances, management can resolve employee grievances and re-establish a positive work environment.

References

  • Holley, W. H., Ross, G. J., & Wolters, R. D. (2017). The Labor Relations Process. Cengage Learning.
  • Streamlining the Employment Arbitration Process: How to Save Time and Money. South University Online Library.
  • Illinois Adhesives, Inc: A Case of Unfair Labor Practices? South University Online Library.
  • Vale Inco, Union Engage in Mediation and Legal Action. South University Online Library.
  • American Bar Association. (n.d.). Efficient Labor Arbitration Techniques.
  • U.S. Equal Employment Opportunity Commission. (2020). Age Discrimination in Employment Act.
  • National Labor Relations Board. (2021). The Basics of Labor Law.
  • Dealing with Employee Discipline: A Guide for HR. Society for Human Resource Management.
  • The Role of Collective Bargaining in Workforce Relations. Harvard Business Review.
  • Workplace Safety and Health: The Role of Unions. United States Department of Labor.

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