|
|

Montana Grievances: What you need to know

Grievances are usually thought of as the way for recognized unions and employers to settle their disagreements. Virtually all collective bargaining agreements have some type of grievance procedure language. However, these types of agreements are not for the exclusive use of unions. Many states, including Montana, provide for the settling of disagreements between employer and nonunion employees through arbitration or mediation.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
For private employers, many states allow the written language of a grievance procedure agreement to be controlling, similar to a contract. If, however, a private employer's grievance procedure is contrary to state law governing arbitrations, the statute controls. If the grievance procedure agreement is silent on an issue, the law controlling that issue will apply. For public employers, the grievance procedure is usually set out by statute and is strictly followed.
As an effective way to control legal costs and to stem the proliferation of employee lawsuits, many employers have taken an interest in the various methods of Alternative Dispute Resolution (ADR). Among the more common forms of ADR are mediation and arbitration. Many states have arbitration and/or mediation statutes. In situations in which it applies, the Federal Arbitration Act preempts contrary state laws that limit or bar agreements to arbitrate. The United States Supreme Court has ruled that the FAA also preempts state law that would give jurisdiction to a court or agency rather than to the arbitrator (Preston v. Ferrer, 128 S.Ct. 978 (2008)).
Montana law requires mediation for some types of claims. However, mediation may also be used voluntarily by the parties to a dispute as a way to settle a dispute ...

>> Read more about Grievances

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

Montana Grievances Resources

TypeTitle
Policies Grievance Handling (Strict)

Grievances Products

Employee Alcohol & Drug Abuse Webinar Recording
BLR Webinar: "Employee Alcohol & Drug Abuse: How to Enforce Policies Without Violating ADA, FMLA & Other Laws""
Exempt vs. Nonexempt Webinar Recording
BLR Webinar: "Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes""
FMLA Abuse Webinar Recording
BLR Webinar: "FMLA Abuse: How To Spot It - and Stop It""
FMLA Abuse Stops Now Webinar Recording
BLR Webinar: "FMLA Abuse Stops Now: Tips to Identify, Correct, and Prevent""
CA Employment Law for Multistate Employers Recording
BLR Boot Camp: "California Employment Law for Multistate Employers: Policy and Practice Essentials for HR""
Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!


This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.