Originally from Fundamentals of Labor Arbitration

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10:01 INTRODUCTION

In contrast to the private sector, where most labor-management issues are determined by the union and the employer, the relationship between public employees and government employers is governed, to a large extent, by state and federal statutes. Many statutes limit the scope of public sector collective bargaining. Courts have also restricted the range of subjects that are negotiable by union and government representatives on the ground that certain subjects be addressed through an open political process rather than behind closed doors. Many statutes also limit or prohibit strikes by certain types of public employees. In addition, statutes often provide the mechanism to be used for resolving employee grievances.

10:02 ROLE OF THE GRIEVANCE PROCEDURE

Even the most comprehensive collective bargaining contract negotiated by representatives of a government employer and a union cannot anticipate every problem that may arise—e.g., disciplinary problems, changes in operation, and new demands by the public. The grievance procedure, which must comply with any statutory or regulatory requirements, provides the parties with a format for resolving such questions.

The first-line supervisor usually holds the key to a successful grievance procedure. Most labor grievances can be resolved between the worker and the supervisor at the first step of that procedure. If the first-line supervisor cannot resolve the problem, the chances of a healthy employee-employer relationship are slim indeed. However, in public employment, it may be difficult to persuade supervisors to become totally committed to management’s position. Supervisors are themselves often unionized, and they may not be conditioned to think of themselves as management.

It is vital that government employers train their first line supervisors to represent the employer’s interests.