When arbitration is used to settle a grievance, what factors may be used to evaluate the fairness of management`s actions that caused the grievance?

Arbitration

Arbitration is generally used to settle the disputes between the management and the workers . Such arbitration involves the inquiry regarding the actions of the management which might have created the problem for the workers . Various factors can be considered while evaluating the nature of management 's actions which might have created the grievances of the workers

The factors which decide the fairness of the management action during the arbitration process are nature of offence , proper procedure , past record of grievant , length of service with the company , knowledge of rules

, warnings given to the worker , improper enforcement of rules , and discriminatory treatment . During the arbitration process and conflict resolution , these divergent factors should be considered to properly assess the fairness of the management action which resulted in the dissatisfaction among the employees . The management need to consider the nature of offence before initiating severe actions against the workers as the punishment handed out to the worker should consider the nature of offence . That is , a minor offence should not lead to extreme action on the part of the management . For minor offences there should be modest punishments and for major offences there can be severe punishments . The management also needs to consider the length of service put by the employee in the organization as the greater length of service should be appreciated by condoning minor offences or by giving warnings . The management at the first instance of offence should give warning and in the second and later stages it can take appropriate actions spelled out in the labor legislations . The management is required to express its knowledge regarding the divergent rules while initiating legal procedure against the workers in their organization . The management is required to avoid double punishments given to the workers as it should take into consideration the various other factors such as length of service and the rules regarding the specific offence committed by the workers . The management should prove that it has taken interest in proper enforcement of rules . The management should avoid all kinds of discriminatory treatment based on class , race , gender , sex , etc . as such discrimination is prohibited by the rules of the land . By following the proper procedure and policies the management can prove its fairness during the arbitration process which involves the presentation of arguments of the management and the employees . The management action will be evaluated by the arbitrators who are the impartial persons who deal with the dispute between the two parties . The management is also required to follow the proper procedure while granting or denying the medical allowances and other benefits and other compensations as stated in the industrial legislations (Roberts and Young , 1997

The Appropriate Dispute Resolution (ADR ) is not very often used by the management of some companies . This leads to the neglect of the rights and privileges of the employees which obviously hurts the sentiment of the workers leading to the conflict between the management and the employees . Hence , while evaluating the fairness of the management...