Step 1: Conflict
- Conflict occurs when there is a disagreement regarding an employment contract
- An employee breaks the employer's rules or regulations in an employment contract
- An employer breaks the rules or regulations in an employment contract
Step 2: Investigatory Interview
- After conflict occurs between an employee and an employer, the employer will conduct an investigatory interview
- The purpose of the investigatory interview is to gather as much detailed information as possible about the incident that has caused the conflict
- To learn more about how to prepare for an investigatory interview, click here!
Step 3: Letter of Discipline
- Following the investigatory interview, if the employer decides to discipline the employee, the employer will write a letter of discipline to the employee
- In the letter of discipline, the employer will inform the employee of which contract rules and regulations have been violated
- The letter of discipline will provide reasons why the employer has chosen disciplinary action
Step 4: Grievance
- If the employee thinks the discipline is unfair, they may file a grievance
- A grievance is a written statement that asserts why the employee thinks they have been treated unfairly
Step 5: Employer Response
- The employer will answer the grievance with a written response
- The response will state either reduction in discipline or that the discipline will stand
- If the CBA or employee handbook has a mediation provision, the employer and employee may use a mediator to attempt resolution of the dispute
- To learn more about mediation, click here.
Step 6: Pre-Arbitration
- The parties in dispute will typically meet with the arbitrator prior to the arbitration hearing
- At the meeting, the arbitrator will discuss the evidence to be submitted
- The evidence may include: witness list, potential settlements, discovery, and number of days required for arbitration, etc.
- To learn more about how to prepare for pre-arbitration, click here!
Step 7: Arbitration Hearing
- To learn more about the process of an arbitration hearing, click here!