New Jersey Grievances laws & HR compliance analysis

New Jersey Grievances: What you need to know

A grievance is a complaint by an employee or a group of employees about an alleged violation, misinterpretation, or inequitable application of a union contract or, in a nonunion environment, any personnel policies or rules or regulations. A grievance procedure is a way of attempting to solve such disputes.
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In a unionized workplace, the handling of employee grievances is regulated by the terms of the collective bargaining agreement. However, even in a nonunion workplace, grievances can be subject to regulation under the National Labor Relations Act (NLRA).
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 U.S. 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)).
The Employer-Employee Relations Act (NJ Rev. Stat. Sec. 34:13A-1et seq.) established a permanent Board of Mediation that can offer assistance on its own initiative or by the solicitation of an interested party when labor disputes arise. The Board will:
• Meet with the parties.
• Consult with the parties on the strengths and weaknesses of their positions.
• Advocate settlement.
• Assist the parties in creating settlement agreements.
The Board may only encourage conciliation; the recommendations made by the Board ...

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New Jersey Grievances Resources

Type Title
Policies Grievance Handling (Strict)
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