7.8 Working with Unions

Union Involvement in Disability Management

• Union participation improves long-term success in disability management.

• Unions act as advocates for employees, ensuring fair treatment and adherence to workplace laws.

• Key responsibilities include:

  • Working with management to resolve workplace issues.

  • Investigating suspected breaches of workplace, discrimination, and safety laws.

Role of the Shop Steward

• Liaison between union members and management.

• Assists co-workers in grievances and educates them on union rules.

• Ensures management follows the collective bargaining agreement.

• Can support or hinder disability management programs depending on their stance.

Union Contracts

• Unions and management sign contracts that cover:

  • Wages, benefits, working conditions, job protection, and time off.

  • Disability management programs may be included as an employee benefit.

Mediation vs. Arbitration

• Mediation:

  • A neutral third party helps both sides reach a voluntary agreement.

  • The mediator cannot impose a decision.

• Arbitration:

  • A neutral third party hears both sides and makes a binding decision.

  • Often used when mediation fails.

  • Most collective bargaining agreements include arbitration clauses.

Grievance Process

• A structured process for resolving disputes between employees, unions, and employers.

• Usually involves two or three steps, escalating to higher levels of management and union representatives.

• Types of grievances:

  • Discipline or discharge disputes (most common).

  • Wage issues, overtime assignments, safety violations.

• If unresolved, the union may take the issue to arbitration.

Alternative Dispute Resolution (ADR)

• A formalized process for resolving conflicts before entering legal proceedings.

• May involve mediation, arbitration, or other informal methods.

Quiz: Test Your Knowledge

Multiple Choice Questions

1. What is the primary role of a union in a disability management program?
   a) Enforcing company policies.
   b) Ensuring the employer meets legal obligations and advocating for employees.
   c) Hiring and firing employees.
   d) Overseeing employee medical assessments.

2. What is a shop steward's responsibility?
   a) Ensuring workers follow all company policies.
   b) Hiring new employees for union positions.
   c) Acting as a liaison between workers and management while handling grievances.
   d) Directly managing the workplace.

3. Which of the following is NOT typically covered in a union contract?
   a) Time off
   b) Job protection
   c) The company’s profit-sharing plan
   d) Working conditions

4. What is the key difference between mediation and arbitration?
   a) Mediation results in a binding decision, while arbitration does not.
   b) Arbitration is voluntary, but mediation is required by law.
   c) Arbitration results in a legally binding decision, while mediation helps parties reach a mutual agreement.
   d) Mediation involves a court judge, while arbitration does not.

5. What is the final step if a grievance cannot be resolved?
   a) Negotiation
   b) Mediation
   c) Arbitration
   d) Workplace training

6. What is an example of a grievance that a union might file?
   a) An employee wants a raise without company approval.
   b) A worker is wrongfully terminated based on discriminatory reasons.
   c) The employer asks workers to stay after hours for an office party.
   d) An employee prefers a different manager to work under.

7. What is the main goal of alternative dispute resolution (ADR)?
   a) To go to court as quickly as possible.
   b) To resolve conflicts before reaching formal legal proceedings.
   c) To remove unions from the negotiation process.
   d) To allow one party to win without discussion.

Answer Key

1. (b) – The union ensures legal obligations are met and advocates for employees.

2. (c) – A shop steward represents employees in disputes and mediates with management.

3. (c) – Profit-sharing is not typically part of a union contract.

4. (c) – Arbitration results in a binding decision, while mediation seeks mutual agreement.

5. (c) – Arbitration is the final step in dispute resolution.

6. (b) – A wrongful termination is a valid grievance under union representation.

7. (b) – ADR aims to settle disputes before legal proceedings.