Conflict occurs when individuals or groups of people viewing the same situation have different desires or come to different conclusions. In order to resolve grievances, it is important for both management and labor representatives to be fully aware of the process by which each has arrived at a decision.

If they are able to see clearly why they disagree, many disputes can be settled without going to arbitration. When employees are disciplined for insubordination, the resulting grievance cannot be settled if one side repeats over and over that employees were insubordinate, and the other side says they were not. An analysis must be made as to why each side came to a different conclusion.

Unfortunately most people do not know why they have made a particular decision, which they may honestly believe is right. They simply try to find arguments to justify what they have already decided.

The tendency to rationalize decisions is common. Both management and unions retain lawyers to think up arguments to justify their decisions. It is the function of the arbitrator to evaluate these arguments.

Most people are captives of their culture, which is the result of parental and peer group influences and certain critical experiences. Their decisions are based upon acquired habits of thinking which are seldom analyzed. The first step in the resolution of conflict is to analyze the influence of basic cultural concepts on the decision-making process. This includes an analysis of our attitudes regarding what constitutes proper employee- employer relations.

Elements of the Decision Process

In the process of making a decision, certain elements must be considered. By analyzing them, we become aware of how they influence our decision, and we can thus avoid making “gut” decisions without knowing why, and trying to justify them later.

Facts

A fact is something that is not in dispute, such as an employee’s date of hire, age, position on the seniority list, and so forth. To establish the facts, it is necessary for both parties to keep accurate records that can be produced at grievance or arbitration hearings. It is good practice for labor and management to stipulate the facts before arguing about the grievance. They may find, for instance, that they disagree because they are working from two different seniority lists. This applies to each step in the grievance procedure as well as arbitration hearings.

Allegations

An allegation is a claim made against someone. It must be distinguished from a fact.

If an employee complains to the shop steward that the supervisor has not given him or her a fair share of overtime work, this is merely an allegation. Unless shop stewards check the overtime records and verify the allegation, they should not file a grievance.

Unfortunately, shop stewards and supervisors often treat allegations as facts without verifying them. Arbitrators will only treat allegations as facts if the records and testimony support the allegations.

Assumptions

An assumption is a concept one assumes to be true without proof. A large number of disagreements which result in grievances are based upon assumptions. Our assumptions are often based on our culture.

Opinions

Opinions are conclusions arrived at by persons who have the technical or professional ability to evaluate a situation. In order for an opinion to be valid, the person expressing it must have expertise in the subject matter evaluated and sufficient facts on which to base the conclusion. For example, the opinion that an employee is seriously ill is only valid if expressed by a physician who has examined the employee.

Personality

Each human being has many characteristics which collectively determine personality. The nature of personality often determines decisions. Two individuals presented with the same set of facts will often come to different conclusions because they have different personalities.

Weighting

Weighting refers to the importance the decision-maker gives to a fact, allegation, or opinion. For example, an employee is asked to work overtime and refuses. To some supervisors, this is a very serious offense which may warrant severe disciplinary action, while to others, it is not.

The importance people give to certain events varies considerably depending on their personalities, value judgements, and culture; therefore, weighting affects the final decision. When making a decision, a person unconsciously gives each incident a certain proper weight. Differences in weighting often result in different decisions. This is why it is important for people who are trying to settle a grievance to analyze the weight given to each event.

Appropriate Penalty – Corrective Discipline

If management finds that disciplinary action is warranted, it then must decide what is an appropriate penalty. This may range from a written reprimand to discharge.

The penalty must fit the offense, and the purpose of most discipline is to correct or punish improper behavior.

Our entire system of justice is based upon the concept that the penalty imposed must bear a direct relationship to the offense committed. An employee who is charged with lateness should not be given the same penalty as a person charged with stealing.

Summary

When different people viewing the same situation come to different decisions, conflict occurs. This may result in a grievance. It is, therefore, of utmost importance that management and labor each examine the decision-making process carefully before reaching a conclusion.

The most important step shop stewards should take is to investigate thoroughly allegations of employees who wish to file a grievance. If employees have no case, they should tell them so and give reasons. If stewards feel there is some evidence to support the grievance, they should file even though they may have doubts because they serve as an advocate for employees.

In the process of making a decision to file or not to file a grievance, they should not rely on assumptions or opinions unless verified. Moreover, they should not permit their negative or positive feeling for the employee or supervisor to influence their decisions.