Step One: 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 Two: 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.
- Learn more about how to prepare for an investigatory interview!
Step Three: 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.
- Example of a letter of suspension.
- Example of a letter of discharge.
Step Four: 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.
- Example of a grievance letter.
Step Five: 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.
- Example of an employer response to a grievance.
- Learn more about mediation!
Step Six: 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.
- Learn more about how to prepare for pre-arbitration!
Step Seven: Arbitration Hearing