North Dakota Grievances laws & HR compliance analysis

North Dakota 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 provide for the settling of disagreements between employer and nonunion employee through methods of Alternative Dispute Resolution (ADR), most commonly arbitration or mediation. Also, many states distinguish between public and private employees and provide a different method of settling grievances for each.
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For private employers, many states allow the written language of the grievance procedure agreement to be controlling, similar to a contract; for public employers, the statutory language of a proper grievance procedure is strictly followed. However, if the language in a private agreement is contradictory to an applicable law, the law controls. If the grievance procedure agreement is silent on an issue, the law controlling that issue in a grievance procedure will apply. Both employers and employees benefit from grievance procedure agreements, as they are a fair and objective way to settle agreements without getting the courts involved.
North Dakota strongly encourages mediation of labor disputes. Currently, North Dakota empowers the state labor commissioner, or a competent appointee of the commissioner, to mediate labor disputes. This mediation is strictly voluntary (ND Code Sec. 34-08-14).
Public employers. North Dakota strongly encourages public employers and their employees to engage in mediation in order to prevent strikes and other labor conflicts. North Dakota requests that employers and ...

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North Dakota Grievances Resources

Type Title
Policies Grievance Handling (Strict)
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