LABOR RELATIONS LAWS

 

 

Disputes in a unionized workplace

Read the following scenario:
Jocko and Thomas are both hourly employees working as forklift drivers in a large grocery chain’s central California warehouse. Their workplace is unionized. They work in the same warehouse section under Bert, the second shift supervisor.
Jocko has always found the job difficult, because the job was fast-paced, but repetitive; and even though the forklifts and machines do the heavy lifting and moving, there were situations in which a driver had to deal with slightly misplaced pallets or otherwise use ingenuity and “muscle” to keep things moving smoothly through the shift. Jocko was small in stature and obviously not as physically strong as his co-workers. Thomas made a point of never helping Jocko with these adjustments, even though he helped other drivers when such situations arose. Jocko was gay, and he thought Thomas resented having him there – Thomas never seemed to want to talk with Jocko on breaks, for example.
Jocko thought Thomas was being a bad colleague, especially on those days when Jocko could have really used Thomas’s help. Jocko mentioned to Bert, the supervisor, that he wished Thomas would help him once in a while. After all, he would be willing to help Thomas if he asked. Bert replied that he did not think that was going to happen.
It was not only Thomas who would never help Jocko. All of the other forklift drivers seemed to look the other way when Jocko found himself in a situation where there was “muscle” needed to keep things going.
Recently, the company implemented a new stacking protocol. Soon thereafter, Jocko was not meeting his production numbers on some days. He thought it was because he could not get any help from his colleagues when needed and his supervisor, Bert, did not seem to care.
Bert, his supervisor, did carefully record Jocko’s production numbers to highlight the shifts when he had underperformed. After a while, Jocko started skipping breaks and shortening his lunch break on some days so he could spend a little more time on the forklift and try to meet his production for the shift. No one seemed to care or notice.
As Jocko came to realize that he was going to get a bad performance review if the situation continued, he asked Bert if he could order his co-workers to help him when situations arose where he needed help. Bert said he could not give Jocko any special treatment.
Jocko grew more frustrated, especially by the lack of communication and what he considered to be the stubbornness of his co-workers in refusing to help him when he needed it. He reasoned that he had a family to feed, just as they did, and he had to do something about the unfair treatment he was receiving.
Jocko told Bert that he was going to tell the union that he wanted to file a grievance, because he thought the way he was being treated was not right.
Bert told Jocko that he’d never known a grievance to work out for the person who filed it, but Jocko should do what he thought he needed to do.
Jocko felt very upset about what he perceived as Bert’s indifference. He filed a formal grievance with the union about the situation.
Prepare a 2- to 3-page (not counting title and reference pages) paper that addresses the following:
• What do you think will happen next? Why?
• Discuss the important steps in a grievance process that might take place to resolve this issue if Jocko files a grievance.
Discuss a plan of action to resolve an employee conflict in a unionized workplace.
• If you were the HR manager in this warehouse, what would you do to get to the root of the issue? Why?

 

 

may not be a violation of the CBA unless it can be proven to be discriminatory. Bert's response, "he could not give Jocko any special treatment," suggests he is adhering to a policy of treating all employees equally, which may be defensible. However, the refusal of help from all his colleagues points to a potentially wider issue of a hostile work environment or even targeted harassment. The union will need to determine if this behavior constitutes a form of discrimination that is protected under the CBA or a legal statute, making the grievance valid.

 

Important steps in a grievance process

 

The grievance process in a unionized workplace is a multi-step procedure designed to resolve disputes in a structured way. While specific steps can vary by CBA, a typical process for Jocko's issue would include:

Step 1: Informal Discussion. This is the first and most common step. Jocko already tried this by speaking with his direct supervisor, Bert. The goal is for the employee and their supervisor to resolve the issue directly and informally, without the union's formal involvement. Since this did not work, the process moves to the next step.

Step 2: Formal Grievance with the Union. Jocko has initiated this step by filing a formal grievance with his union steward. The steward will now investigate the claim, review the CBA, and meet with management to discuss the issue. The union will determine if the grievance has merit.

Step 3: Management Review. If the union decides to move forward, the grievance will be presented to a higher level of management, such as the department head or a senior HR representative. A meeting will be held with the union steward and the employee to discuss the issue and seek a resolution. Management will provide a written response to the union.

Step 4: Arbitration. If the union and management cannot agree on a resolution, the grievance may be escalated to binding arbitration. This is a formal hearing where a neutral, third-party arbitrator listens to arguments from both the union and management, reviews the evidence, and issues a final, legally binding decision. Arbitration is a costly and time-consuming process, so both sides typically try to resolve the issue in the earlier steps.

Sample Answer

 

 

 

 

 

 

 

 

After Jocko files a formal grievance, the most likely next step is that the union steward will conduct an investigation. The union is contractually obligated to represent its members, and a formal grievance triggers a specific process outlined in the collective bargaining agreement (CBA). The union steward will meet with Jocko to get a detailed account of the events, gather any evidence, and determine if the grievance has merit under the terms of the CBA. The steward will then likely approach the company's management, probably Bert, to hear their side of the story.

The union’s decision to pursue the grievance will depend on whether they believe Jocko's claim of unfair treatment can be tied to a specific violation of the CBA. Jocko is alleging unequal treatment, specifically that his co-workers are refusing to help him, which is negatively affecting his performance metrics. However, the CBA may not explicitly require co-workers to assist one another. The core issue is Jocko's perception of a hostile work environment due to a lack of help, which he believes is related to his sexual orientation. Thomas's behavior, while unprofessional,

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