Williams, John R.

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Volume 59 Issue 2 Article 13 February 1957 Successful Handling of Labor Grievances John R. Williams Follow this and additional works at: https://researchrepository.wvu.edu/wvlr  Part of the Labor and Employment Law Commons Recommended Citation John R. Williams, Successful Handling of Labor Grievances, 59 W. Va. L. Rev. (1957). Available at: https://researchrepository.wvu.edu/wvlr/vol59/iss2/13 This Book Review is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact ian.harmon@mail.wvu.edu. BOOK REVIEWSuCCESSFUL HA i G OF LABOR GnmvACFS. By Bertram R.Crane and Roger M. Hoffman. New York, Central Book Company,Inc. 1956.Leaders of both labor and management, and the attorneys forboth, will find this analysis of labor grievance problems and proce-dures an objective guide to sensible, just and humane handling ofgrievances which arise throughout industry. The authors haveisolated and spotlighted the labor grievance problem, and treatedit in distinction from collective bargaining problems generally en-countered in the collective bargaining processes of labor-manage-ment relations.The book is divided into three major parts, the first being de-voted to an explanation of the objectives of grievance proceduresand the definition of a labor grievance. A major difficulty in arriv-ing at a concise definition of what constitutes a labor grievance isfirst pointed out and alternative definitions are presented andanalyzed. The authors demonstrate that the most realistic definitionof a labor grievance consists of a synthesis of the very narrowlegalistic contractual definition frequently insisted upon by man-agement on the one hand, and the very broad and all inclusivedefinition often insisted upon by labor, on the other. Labor griev-ances are not strictly confined to violations of the precise and ex-press terms of the collective bargaining agreement spelled out inwriting therein, nor should the term "grievance" include every con-ceivable difficulty arising out of the relations between employerand employee. It is concluded that a middle-of-the-road approach,which takes into account both the "human relations" factor, andthe limitations of the contractual obligation, is the most conduciveto mature and effective handling of the labor grievance.A definition of the labor grievance and a statement of the ob-jectives of grievance machinery are treated as prerequisites to thefurther discussion, in Part II, of the detailed operation of the griev-ance machinery itself in labor agreements. The various steps in-volved in grievance procedure are stated, beginning with the indi-vidual worker's complaint at the foreman's level. It is pointed butthat many grievances may be disposed of informally and orally atthis level, where common sense and ordinary fairness on both sideswill often operate to dispose of problems at the outset if super-visory personnel display proper understanding and leadership abil-1Williams: Successful Handling of Labor GrievancesPublished by The Research Repository @ WVU, 1957WEST VIRGINIA LAW REVIEWity in shop administration. Additional steps involving more for-malized procedures are then discussed, including the advantagesand disadvantages of an oral or written procedure, adaptations tothe size of the plant, time limitations, retroactivity, and questionsconcerning the persons qualified to handle grievance problems atthe various administrative steps in the grievance procedure. Treat-ment is given to the merits and dangers involved in the handling ofgrievances by representatives of unions on behalf of individualworkers on one hand, and by representatives of management, oftenremoved from the scene of the grievance, on the other. The ter-minology of various specific contract clauses dealing with thesefactors are set forth and contrasted.The detailed statement of the mechanics of grievance machin-ery in Part II is the foundation for the third and final part of thediscussion which is concerned with the attitudes, practices andpolicies of both management and union, as such attitudes andpolicies influence the actual operation of grievance machinery.Management obstruction to grievance settlement consisting of in-difference, poor company organization, and the influence of eco-nomic conditions are cited, as well as union blockades to grievancesettlement consisting of top union adamancy, union propagandaand union organizational defects.Having pinpointed these factors detrimental to the maturehandling of grievances, the authors then set forth specific affirma-tive policies and practices which, if resorted to by both parties,should be most certainly conducive to the prevention, as well asthe expeditious settlement of grievances. A determined effort bymanagement in locating and controlling the causes of grievances,through the use of turn-over analyses, suggestion systems, attitudesurveys, placement policies, and work evaluation policies, is recog-nized as a basic need. The control of grievances by workable per-sonnel practices is given considerable emphasis and a detailedtreatment of such practices is set forth. The foreman's job in griev-ance control and in the settling of grievances is then recognizedfor its focal importance. The selection and training of foremen, aswell as the delegation of responsibility and authority to them, assuch factors bear upon their ability to prevent, control and settlegrievances, are discussed with candor. As a corollary to manage-ment practices, grievance- handling from the union side is thenrecognized as requiring good union relations with foremen involv-ing worker and union ability to get all- the facts, test the validity2West Virginia Law Review, Vol. 59, Iss. 2 [1957], Art. 13https://researchrepository.wvu.edu/wvlr/vol59/iss2/13BOOK REVIEW 219of a grievance before making a case of it, preparing the grievancecase for presentation to a foreman, and dealing with "phony"grievances. Grievance codes of policy and procedure for both fore-'men and union stewards are set forth as efficient and honorableguides, a fitting conclusion for a book which commendably demon-strates the necessity for ethical and humane standards for bothemployer and employee in the peaceable and efficient conduct ofindustrial relations.John R. Williams.Member of the Florida bar.3Williams: Successful Handling of Labor GrievancesPublished by The Research Repository @ WVU, 19574West Virginia Law Review, Vol. 59, Iss. 2 [1957], Art. 13https://researchrepository.wvu.edu/wvlr/vol59/iss2/13

Successful Handling of Labor Grievances

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Successful Handling of Labor Grievances

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