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Grievance Procedure in a CBAA Collective Bargaining Agreement (CBA) is a written, legally enforceablecontract for a specified period (usually one year), between the managementof a company and its employees represented by an independent tradeunion. It sets down and defines conditions of employment (wages, workinghours and conditions, overtime payments, holidays, vacations, benefits,etc.) and procedures for dispute resolution.Grievances ordinarily are brought up by the aggrieved employee, usuallywith the union representative called the shop steward or grievance officer,to the foreman either orally or in writing. Usually a grievance form is providedfor the purpose. If no settlement is reached at first level, the aggrievedemployee or the grievance officer may bring the grievance through thesuccessive steps in the grievance procedure provided for in the CBA.Termination disputes in particular are among the cases in which the tradeunion involves itself actively. This is to prevent the management fromemploying unfair labor practices, inasmuch as the dismissal of unionmembers is one of the tested methods of union-busting.Voluntary ArbitrationWhen a grievance is not resolved within the procedure outlined in the CBA,the aggrieved employee could bring the case to voluntary arbitration.Voluntary arbitration refers to the mode of settling labor-managementdisputes by which the parties select a competent, trained and impartialperson who shall decide on the merits of the case and whose decision isfinal, executory and binding. A CBA should expressly name who is/are thevoluntary arbitrator/s or panel of voluntary arbitrators to be called upon tosettle disputes. If the CBA does not name a specific person or a panel, itshould at least contain the procedures by which the voluntary arbitrator(s)will be selected.The voluntary arbitrator or panel of voluntary arbitrators normally attemptsfirst to mediate to aid the parties in reaching a voluntary settlement, beforeproceeding with arbitration. If no voluntary settlement is reached, thevoluntary arbitrator shall proceed with the hearing of the case on its merits.Voluntary Arbitrators can be selected from a pool of accredited arbitratorsmaintained by the National Conciliation and Mediation Board.38 SEEKING REDRESS FOR HIV-RELATED VIOLATIONS OF HUMAN RIGHTS

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