Introduction
During the last two
decades or so, considerable research has been conducted on non-union employment
dispute resolution processes and outcomes. Earlier, the vast bulk of dispute
resolution research focused on unionized settings and on the formal grievance
procedures that were included in virtually all collective bargaining
agreements. In that literature much attention was paid to grievance filing,
processing, and settlement, with grievance arbitration singled out for
particular attention. With the subsequent decline in unionism, the rapid rise
of the non-union firm, and the adoption by such firms of one or another type of
employment dispute resolution procedure, research attention became increasingly
drawn to this non-union landscape. While much of this research has also singled
out arbitration for particular attention, a substantial portion of this
research has focused on postÐdispute resolution outcomes. Such research essentially
attempts to answer the question, "What happens to the disputing parties after
their disputes are settled?"
In a series of studies
that address this question, Lewin selected samples of non-union employees who
had used their respective organizations' employment dispute resolution
procedures (that is, grievance filers) and matched samples of employees in the
same organizations who had not used these procedures (that is, grievance
nonfilers). He then compared the job performance ratings, promotion rates, and
work attendance rates of these grievance filers and nonfilers in each organization
before, during, and after a specific period of grievance filing and settlement.
These comparisons showed no statistically significant differences between the
two employee groups before or during grievance filing and settlement, but
statistically significant differences were apparent thereafter. In particular,
both job performance ratings and promotion rates of grievance filers were
significantly lower than the job performance ratings and promotion rates of
grievance nonfilers during the period following grievance filing and
settlement. The postÐdispute resolution work attendance rates of grievance filers were also
lower than those of grievance nonfilers, though these differences were either
marginally significant or insignificant. However, additional comparisons of
postÐdispute
resolution employee turnover rates showed such turnover—especially voluntary
turnover—to be significantly higher among grievance filers than among grievance
nonfilers.
Going further, Lewin
reported the same pattern of findings when comparing samples of supervisors of
employee grievance filers with samples of supervisors of employee grievance
nonfilers in these non-union organizations. That is, these samples of
supervisors did not differ significantly in terms of job performance ratings,
promotion rates, and work attendance rates before or during employee grievance
filing and settlement, but they differed significantly thereafter. In
particular, postÐdispute
resolution job performance ratings, promotion rates, and work attendance rates
were significantly lower among the supervisors of grievance filers than among
the supervisors of grievance nonfilers. Further, and again similarly,
comparisons of postÐdispute resolution turnover rates showed such turnover—especially involuntary
turnover—to be significantly higher among supervisors of grievance filers than
among supervisors of grievance nonfilers.
These findings,
together with those of other researchers, lend themselves to two contrasting
answers to the question, "What happens to the disputing parties after their
disputes are settled?" One answer is "retaliation," meaning that non-union
employees who choose to avail themselves of the dispute resolution procedures
established by their employers by actually filing grievances will in effect be
punished for doing so, as will their supervisors. A second answer, markedly
different from the first, is "revealed performance," meaning that non-union
employees who file grievances under their employers' dispute resolution
procedures and their supervisors are (or turn out to be) systematically poorer
performers than their nonÐgrievance filing counterparts and their supervisors. From a
management perspective, the first of these answers runs counter to the
ostensible rationale for and objectives of non-union employment dispute
resolution systems, whereas the second answer provides support for these
systems and for the decisions made according to them.
Managerial
Reactions to PostÐDispute
Resolution Outcome Data
While
scholarly debate continues over these contrasting answers to the question,
"What happens to the disputing parties after their disputes are settled?"
little research attention has been paid to how managers of non-union
organizations react to the aforementioned evidence about postÐdispute resolution
outcomes or to how such reactions affect changes in non-union organizations'
employment dispute resolution systems. Hence, this paper aims to reduce this
knowledge gap by addressing the following two questions: "How do managers react
to evidence about post-dispute resolution outcomes in their own organizations
once that evidence is communicated to them?" and "To what extent do such
reactions lead to changes in these organizations' dispute resolution systems?"
In seeking answers to
these questions, a study of four non-union organizations was conducted in which
key findings from prior analyses of these organizations' employment dispute
resolution procedures were communicated by the researchers to senior-level
managers of these organizations. All four organizations are publicly traded
business enterprises, each of which has had a non-union dispute resolution
procedure in place for at least a decade. In one of these organizations the
dispute resolution procedure specifies external arbitration as the final step;
in another of these organizations the chief executive officer (CEO) serves as
the final step; in yet another a three-member management committee serves as
the final step; and in the last a chief administrative officer serves as the
final dispute resolution step. Table 1 summarizes these and selected other
characteristics of the four organizations that participated in this study.
A
single common method featuring an electronically (e-mail) transmitted report
followed by a face-to-face presentation was used to communicate to the
management of each organization the findings from prior research on that organization's
non-union dispute resolution procedures and on the four
organizations' non-union dispute resolution procedures as a whole. Through
these communications it became clear to the managements of these four organizations
that employee grievance filers and their supervisors had lower postÐdispute
resolution job performance ratings, promotion rates, and work attendance rates
and higher postÐdispute resolution job turnover rates than employee
grievance nonfilers and their supervisors—and also that no such significant
differences existed prior to and during grievance filing and settlement. The
electronically transmitted report was accompanied by a survey that each manager
was asked to complete and return within one week of receiving the report. At
the conclusion of each presentation, a survey of the attending managers was
conducted and was followed shortly thereafter by an in-depth interview of each
manager. These data were used to address the question, "How do managers react
to evidence about postÐdispute resolution outcomes in their own organizations
once that evidence is communicated to them?" Approximately six months later, a
second set of surveys and in-depth interviews were conducted among the same
managers of these four organizations. The data obtained were used to address
the question, "To what extent do such reactions lead to changes in these
organizations' dispute resolution systems?"
In
terms of how managers react to evidence about the postÐdispute resolution
outcomes of their own organization's employment dispute resolution procedure,
the data in table 2 indicate that they are highly likely to agree with a
revealed performance explanation of this evidence, especially when that evidence
is communicated to them in a report compared to a presentation format. Hence,
an average of between 83 and 92 percent of the managers in each of the four
organizations agreed with a revealed performance explanation, while only
between 8 and 9 percent agreed with a retaliation explanation, of their own
organization's postÐdispute resolution outcome data in responding to a
survey administered shortly after these data had been communicated to them via
an electronic report. When surveyed some two weeks after a face-to-face
presentation of these same data, however, an average of between 55 and 67
percent of the managers in each of the four organizations agreed with a revealed
performance explanation, while between 25 and 36 percent agreed with a
retaliation explanation, of their own organization's postÐdispute
resolution outcome data. The differences between both pairs of responses are
statistically significantly.
Regarding the evidence
about postÐdispute
resolution outcomes in these four non-union organizations as a whole, the data
in table 3 indicate that the managers who participated in this study agree with
a revealed performance explanation of this evidence, especially when that
evidence is communicated to them in a report compared to a presentation format.
This seems no different from the aforementioned reactions of managers to the
evidence of their own organization's postÐdispute resolution outcomes. Among these 47 managers,
however, only 32 or 68 percent agreed with the revealed performance explanation
of these aggregated data, while 14 or 30 percent agreed with a retaliation
explanation, based on their responses to a survey administered shortly after
these data had been communicated to them via an electronic report. Further,
only 21 or 45 percent of these managers agreed with a revealed performance
explanation, while 24 or 51 percent agreed with a retaliation explanation,
based on their responses to a survey administered two weeks after a
face-to-face presentation of the aggregated postÐdispute resolution outcomes data.
These differences—between and across surveys—are all statistically significant.
Certain
preliminary conclusions can be drawn from these findings. First, managers of
non-union organizations react differently to postÐdispute resolution
outcome data when those data pertain to their own organization(s) compared to a
larger set of organizations. Specifically, managers are significantly more
likely to react to/interpret their own organization's postÐdispute resolution
outcome data as reflecting the actual performance of grievance filers (and
their supervisors) relative to grievance nonfilers (and their supervisors),
rather than retaliation against grievance filers (and their supervisors), then
when reacting to/interpreting multiple organizational postÐdispute
resolution outcome data. Stated differently, managers are significantly more
likely to assign a retaliation explanation to the postÐdispute
resolution outcome data of other organizations than to their own organization.
Second, managers of non-union organizations are significantly more likely to
react to/interpret postÐdispute resolution outcome data as reflecting
revealed performance and significantly less likely to react to/interpret such
data as reflecting retaliation against grievance filers (and their supervisors)
when those data are communicated to them in a relatively distant electronic
report format than in a more personal face-to-face presentation format.
Analytically, the presentation format can be most fundamentally distinguished
from the report format in that the presentation is made to a group of managers,
whereas as the report is communicated (electronically) to individual managers.
During such a presentation managers can interact with and question the
presenter(s) as well as each other, which aids and likely deepens the
interpretation of postÐdispute resolution outcome data; no such
opportunity attaches to the communication (in electronic or hard copy format)
to individual managers of a report on postÐdispute
resolution outcomes. Hence, in this study the face-to-face presentation of postÐdispute
resolution outcome data appears to be associated with a managerial tendency to
react to/interpret the data less from an initial, singular revealed performance
perspective and more from a closely considered retaliation perspective.
This conclusion is
reinforced by the interview comments rendered by managers during the course of
this study. For example, the operations director of an aerospace company commented
as follows:
When I looked at
the report on what happens to employees who use our "speak up" procedure, it
seemed to confirm my personal view that those employees are whiners and
complainers compared to the bulk of our workforce. In fact, I said as much in
responding to the electronic survey that accompanied the report. But after
listening to the presentation on this research and to some of the questions
raised by my peers following that presentation, I was more inclined to think
that retaliation against these "complaining" employees probably had occurred.
This comment
pertains to the operations director's reaction to the postÐdispute resolution outcomes data for
his company alone. In another example, the information technology director of
an express delivery company commented as follows on how he was influenced by
the postÐdispute
resolution outcome data for the four companies as a whole:
For my company, I
thought that the [postÐdispute resolution outcome] data were quite consistent with my belief
that the employees who tend to use our grievance-like procedure are those who
are at the lower end of the performance distribution. In fact, this seemed
quite obvious. But after looking at the data for all the companies combined and
after attending the presentation on these data, I began to reconsider. I don't
think you can simply explain the much lower job performance and promotion rates
and the much higher turnover rates for employees who use these types of
procedures [compared to those who do not] simply by performance differences;
there's got to be some retaliation going on here.
For other
managers who participated in this study, the postÐdispute resolution outcome data on
supervisors of grievance filers compared to the supervisors of grievance
nonfilers were especially compelling. Illustrative of these managers is the
director of customer service for a medical supply company, who commented as
follows:
When I first read the dispute resolution report on my company, I focused
on the data regarding grievance filers—much like I focus on data regarding our
customer service associates when I receive customer satisfaction reports. My
reaction was that these data more or less made sense in that, in my experience,
employees who complain a lot or formalize their complaints tend to be poorer
performers than other employees who attend to their work. But when I reviewed
the data for my company concerning the supervisors of grievance filers
[compared to the supervisors of nonfilers], I was floored! As it happens, I've
known most of these supervisors personally and it simply doesn't make sense to
say that the supervisors of employees who wind up filing grievances are worse
performers than the supervisors of employees who don't file grievances. You've
got to remember that our company goes to great pains to tell employees about
our internal employment dispute resolution system and how to use it, just as we
go to great pains to tell our customers about our customer dispute resolution
system and how to use it. If the [dispute resolution] report on my company is
accurate, there has to have been retribution against our supervisors whose
subordinates wound up filing grievances. And that is really disturbing.
Still
other managers who participated in this study were roughly equally divided—one
might say torn—between the revealed performance and the retaliation
explanations of the postÐdispute resolution outcome data that
were communicated to them. An example of one such manager is the director of
human resources for a financial services company, who commented as follows:
I'm very familiar
with our internal employee dispute resolution system—hell, I helped design it.
We believe in this system, I can tell you that with certainty. So, when I saw
the report on the postÐdispute resolution outcomes of employees and their supervisors, both in
our company and in other companies, I first thought that the data meant that
employee grievance filers are poorer performers than other employees—and that
the same is roughly true for their supervisors; this made sense to me. But
later, especially after the presentation that was made to us about this report,
I began to think that this couldn't be just a performance story; it had to
involve something else. What is that something else? As a human resources professional,
I know that this something else is retribution or retaliation or whatever other
word you want to use. It's very troubling, especially because I still feel that
employees who complain a lot and who use our dispute resolution system to
pursue those complaints are not as good performers as our other employees.
All in
all, then, the managers who participated in this study reacted to reports about
their own and other non-union organizations' postÐdispute
resolution outcome data by initially interpreting these data to accord with a
revealed performance explanation, but later they interpreted these same data to
accord with a retaliation explanation. The revealed performance explanation was
more likely to be adopted when the data pertained specifically to respondent
managers' own organizations' rather than to other organizations; when the data
were communicated electronically through individual reports rather than through
face-to-face presentations to groups of managers; and when the data
were limited to comparisons of employee grievance filers and nonfilers
rather than expanded to include supervisors of grievance filers and nonfilers.
Stated differently, as the data from studies of these non-union organizations'
postÐdispute resolution outcomes were more deeply and widely communicated to
managers of these organizations, the dominant management reaction to
these data shifted away from a revealed performance explanation and toward a
retaliation explanation.
Returning to
quantitative analysis of managers' reactions to the evidence about postÐdispute resolution outcomes featured
in this study, the influence of demographic characteristics on such reactions
is summarized in table 4. These regression estimates suggest that manager age
and experience are significantly associated with a perceived retaliation
explanation of the evidence of postÐdispute resolution outcomes, whereas education is
significantly associated with a perceived revealed performance explanation of
the evidence about postÐdispute resolution outcomes. Especially notable, managers with human
resource, marketing, and information technology functional responsibilities are
significantly more likely to favor a retaliation explanation of the evidence
about postÐdispute
resolution outcomes, whereas managers with finance, accounting, and operations
functional responsibilities are significantly more likely to favor a revealed
performance explanation. The main reason why this particular quantitative
difference is especially notable is that it directly influences how non-union
organizations and their managers respond to evidence about postÐdispute resolution outcomes by
changing their employment dispute resolution systems and procedures—a matter
this is taken up in the next section of this paper.
Changes to Non-union
Dispute Resolution Systems
The research design for this study
included a third survey and a second interview of managers in the four
participating organizations; these instruments were principally aimed at
answering the question, "To what extent do managers' reactions to evidence
about postÐdispute
resolution outcomes in their own and other organizations lead to changes in
these organizations' dispute resolution systems?" Recall that, on the one hand,
the initial reactions of these managers to the postÐdispute resolution outcome data that
were communicated to them strongly suggest that no changes in their respective
non-union organizations' employment dispute resolution systems would be
contemplated, let alone forthcoming. On the other hand, the subsequent reactions
of these same managers to the outcome data suggest that some changes in their
respective organizations' employment dispute resolution systems would indeed be
contemplated and perhaps forthcoming. Which of these two contrasting
inferences/predictions turned out to be more accurate?
The answer to this
question is that the "change" prediction turned out be the more accurate,
though the extent to and ways in which these non-union organizations'
employment dispute resolution systems changed varied considerably among the
four organizations. In the aerospace company, where the employment dispute
resolution system features arbitration as the final step, relatively few
cases—about 2 to 3 percent annually—actually culminate in arbitration. But the
presence of arbitration has long been thought by company management to signal
if not fully ensure a fair dispute resolution system free from retaliation
against system users. After reviewing the data on postÐdispute resolution outcomes in this
company that were communicated to company management, however, seven of the
twelve managers who participated in this study concluded that these data told a
retaliation story, four favored a revealed performance story, and one favored a
dual retaliation/revealed performance story. Among those who favored the
revealed performance story were the chief financial officer (CFO), the
treasurer, and the general manager of the company's largest division. Among
those who favored the retaliation story were the aforementioned operations
director, the chief administrative officer (CAO), the director of human
resources, and the general managers of three other company divisions.
These two groups of
managers formed what can best be characterized as political coalitions that
wound up meeting on three occasions to discuss and negotiate changes in the
company's employment dispute resolution system. Those managers who sought
primarily to overcome retaliation against grievance filers and their
supervisors initially proposed replacing the middle two steps of the company's
four-step employment dispute resolution system and replacing them with a single
peer review step. This group of managers also proposed allowing grievance
filers to be represented by outside counsel, the excising of grievance settlement
decisions from grievants' personnel records, and the formal monitoring of
grievants' and grievants' supervisors' postÐgrievance settlement performance
evaluations by the director of human resources and the CAO. Those managers who
favored a revealed performance interpretation of the company's postÐdispute resolution outcomes data
initially sought to preserve the company's existing employment dispute
resolution system and opposed all of the proposed changes in the system. This
group was especially adamant about retaining the traditional four-step dispute
resolution system—believing that it had worked well over a long period—and
about not inserting outside legal representation into a system that they
believed was effective in settling employment-related disputes because it
avoided excessive litigiousness.
Following its second
meeting, these two groups jointly requested a meeting with the researchers to
further review and discuss the company's postÐdispute resolution outcome data. In
that meeting the issue of why grievance filers' and their supervisors' job
performance ratings declined markedly following the settlement of grievances
was discussed at length. Even those who favored a revealed performance
explanation of the company's postÐdispute resolution outcome data thought that such (supposed)
performance problems should have been observed earlier, that is, prior to and
during grievance filing. Recognizing this, the revealed performance management
group gave additional consideration to the proposals of the anti-retaliation
management group. In a third and final meeting, the two groups agreed to make
two changes in the company's employment dispute resolution system, namely,
replacement of the middle two steps with peer review and formal monitoring of
postÐgrievance
settlement performance appraisals of grievants and their supervisors.
In the express delivery
company, where the employment dispute resolution system features the CEO as the
final step, this system has been in place since the company's founding and
contains specific language intended to assure employees that they will not
suffer retaliation for using the system. In fact, it is also company policy to
discipline any supervisor or manager who retaliates against an employee for
filing a grievance. This helps to explain why the twelve company managers who
participated in this study initially strongly favored the revealed performance
explanation of the company's postÐdispute resolution outcome data. As with the aerospace
company managers, however, upon further deliberation and consideration of the
researchers' face-to-face presentation of the outcome data, several of this
express delivery company's managers came to favor a retaliation explanation.
When surveyed shortly following the presentation, seven of these managers indicated
that they supported the retaliation explanation, three indicated that they
supported the revealed performance explanation, one indicated that she supported
a dual explanation, and one indicated that he could not decide between the two
explanations.
Of the three company
managers who supported the revealed performance explanation, one was the CEO
and another was the chief operating officer (COO). Among the managers who
supported the retaliation explanation were the company president, the human
resources director, the information technology director, and the general
managers of the company's major business units. In several meetings of these
two groups, supporters of the revealed performance explanation argued strongly
in favor of retaining the company's dispute resolution system, emphasizing its
long standing and record of success. Notably, one of the success
criteria—probably the main one—used by these managers was keeping its employees
non-union! Those managers who favored the retaliation explanation acknowledged
the long standing of the company's employment dispute resolution system but
argued that the postÐdispute resolution outcome data indicated that the system not only was
far from being an unmitigated success but it may on balance impose a net cost
on the company. The cost that these managers had in mind was what they referred
to as the "human capital" loss to the company, which they believed was most
clearly reflected in grievants' and grievants' supervisors' comparatively high
turnover rates following grievance settlement.
From an internal
organizational politics perspective, these managers were in a difficult
position in pushing the retaliation story about their company's employment
dispute resolution system and in proposing changes in that system. After all,
both the company CEO and COO not only favored the alternative revealed
performance explanation; they were leading advocates of the company's
employment dispute resolution system and continued to portray it, both externally
and internally, as the leading such system in the express delivery industry
(and beyond). Facing what they properly deemed to be an uphill battle in this
regard, the managers who supported the retaliation story took a particularly
bold step by seeking a meeting to discuss this matter with the company's former
CEO (and chairman of the board), who had founded the company and who had
instituted the three-step employment dispute resolution system (in which,
recall, the CEO serves as the final step). That meeting was in fact held, with
the attending managers laying out their retaliation explanation of the
company's postÐdispute
resolution outcome data and offering their recommendations for changes in the
dispute resolution system.
Shortly following this
meeting, during which the former company CEO was noncommittal about the
proposed changes, the retaliation story managers were invited to a meeting with
the current CEO, COO, and a third manager who supported the revealed
performance story. In that meeting the revealed performance story managers
indicated that while they still did not fully "buy" the retaliation story
(proffered by its seven manager-advocates), they were nevertheless willing to
make some of the changes to the company's employment dispute resolution system
advocated by the retaliation story managers. These changes included the
privatization of all grievance cases, meaning that the company no longer
internally publicizes grievance activity and resultant grievance settlements;
the appointment of a standing general manager as the second step of the
employment dispute resolution procedure, replacing the general manager
rotational system that had been used previously; and the expunging of grievance
filing and settlement records from the personnel files of grievants and their
supervisors by no later than six months following grievance settlements.
In the medical supply
company, where the employment dispute resolution system features a three-member
senior management committee as the final step, the twelve managers who
participated in this study were initially about evenly split in terms of their
favoring the revealed performance versus the retaliation explanations of their
company's postÐdispute
resolution outcome data. After these managers more fully considered the data
and after they attended the researchers' face-to-face presentation, they
gravitated toward the retaliation explanation. On the basis of their
postpresentation survey responses, eight of these managers favored the
retaliation explanation, three favored the revealed performance explanation,
and one favored a dual explanation. Unlike the aerospace, express delivery, and
financial service companies included in this study, the medical supply
company's employment dispute resolution system includes peer review (as the
second step), which this company's managers believe is the key component of
this system largely because it is patterned after the type of peer review found
in medical schools, hospitals, and other medical service enterprises. Given that
they consider peer review to be an especially fair and meritorious process,
most of these managers were both surprised and concerned by their company's
postÐdispute
resolution outcome data.
In
deciding what changes, if any, to make to this company's employment dispute
resolution system, these twelve managers held an initial meeting in which they
freely debated the retaliation and revealed performance explanations of the
postÐdispute resolution outcome data. Those managers who favored the
revealed performance explanation nevertheless questioned why such employee and
supervisor performance deficiencies had not been "revealed" prior to or during
grievance filing and settlement, especially in light of the company's elaborate
360Ðdegree performance evaluation system. Those managers who favored the
retaliation explanation raised the same question but, in addition, paid
considerable attention to the postÐdispute resolution outcome data in the
four companies as a whole, which they interpreted to mean that retaliation for
grievance filing did not necessarily stem from their company's particular
dispute resolution system. Consequently, and uniquely among the four
organizations included in this study, the managers of this medical supply
company decided to survey company employees about their views concerning the
company's employment dispute resolution system and their recommendations for
changes in this system. From an internal organizational political perspective,
this initiative represents the coalescence of an otherwise divided leadership
group around the value of obtaining potentially useful information from a key
constituency—namely, the employees of this organization.
Combining the data from
this employee survey with their own views of the company's employment dispute
resolution system, these managers decided to change this system by requiring
that every first-step grievance filed by a company employee be reviewed by a
supervisor or manager other than the employee's immediate supervisor/manager;
requiring the company's director of human resources to review a grievant's and
the grievant's supervisor's/manager's record of job performance immediately
upon the filing of a grievance; and requiring members of the third-step senior
management committee to review the job performance of the grievant and the
grievant's supervisor before rendering a decision about the grievance. Notably,
these changes bring this medical supply company's internal employment dispute
resolution system into closer accord with the company's system for resolving
external customer disputes—a system that features the analysis of customer
purchasing performance.
In the financial
services company, where the employment dispute resolution system features the
CAO as the final step, the reactions of managers to the company's postÐdispute resolution outcome data
strongly favored the revealed performance story, both initially and later on.
Specifically, of the eleven financial service company managers who participated
in this study, nine favored the revealed performance explanation and two
favored the retaliation explanation. In this respect, these managers differed
markedly from the managers of the aerospace, express delivery, and medical
supply companies. Hence, one might conclude that there was little debate or
"politicking" within this company about its postÐdispute resolution outcome data and
that no changes were subsequently made to its employment dispute resolution
system; but these conclusions would be wrong.
Of the two managers in
this company who favored the retaliation explanation, one was the chief
managing director and the other was the director of human resources. Not only
had these two managers worked together for a long time, including an average of
fourteen years each with this company, they were instrumental in designing the
company's employment dispute resolution system as well as its performance
management system. Further, when they were instituted both of these systems
were claimed to be leading-edge initiatives within the financial services industry.
By contrast, of the nine managers who favored the revealed performance
explanation, four had been employed by the company for less than five years,
three had been employed for less than three years, and two had been employed
for less than two years. Following the researchers' presentation of this
company's postÐdispute
resolution outcome data to these managers, two meetings were scheduled to
discuss the data and its implications for changes to the company's employment
dispute resolution system.
During the first of
those meetings, supporters of the revealed performance story strongly pressed
their views and argued that the company's employment dispute resolution system
was working well, in large part because it weeded out relatively poor
performers, and should therefore remain unchanged. The two proponents of the
retaliation story did not press their contrasting view at this meeting.
However, shortly after the meeting, these two proponents (chief managing
director and the director of human resources) undertook a "political"
initiative by contacting one former company employee and one former company
manager who had both been involved in a grievance over client assignments while
working at the company and asking them if they would be willing to attend the
next meeting of the eleven company managers. These two individuals agreed to do
so, and in that subsequent meeting they described in considerable detail how
and why their involvement in a grievance proceeding while working at this
particular financial services company resulted in "black marks" against them
that were sufficiently strong to both block their future promotion within the
company and motivate them to pursue employment with other financial services
companies.
Obviously impressed by
the specific retaliation stories told by this company's two former employees,
the managers of this financial services company met a third time to discuss the
postÐdispute
resolution outcome data and potential changes in the company's employment
dispute resolution system. In this meeting, moreover, the postÐdispute resolution outcome data for
the other companies that participated in this study were given considerable
attention and were used to place this financial services company's data in a
larger context. Consequently, this meeting concluded with the participating
managers adopting changes to the company's employment dispute resolution system,
in particular, requiring all first-step grievances to be reported to the director
of human resources, requiring grievants' and grievants' supervisors'
performance evaluation data to be provided to and reviewed by the chief
managing director or his assignee prior to the processing of any grievance, and
requiring that grievance filing and settlement records be expunged from the personnel
files of all grievants (and their supervisors) within one year of grievance
settlement.
Summary,
Conclusions, and Caveats
Considerable
research evidence has emerged showing that employee users of non-union
organizations' employment dispute resolution systems experience lower job
performance ratings, promotion rates, and work attendance rates and higher
turnover rates following grievance settlement than counterpart employees who do
not use these systems. These findings apply as well to the supervisors of
grievance filers compared to supervisors of grievance nonfilers in non-union
organizations. Two main explanations of this evidence have been proffered and
debated by scholars and employment dispute resolution specialists, namely, a
retaliation explanation and a revealed performance explanation. Absent from
this debate, however, have been the views of managers of non-union
organizations that maintain employment dispute resolution systems.
Consequently, this study sought answers to two questions about non-union
organizations' employment dispute resolution systems: (1) How do managers react
to evidence about postÐdispute resolution outcomes in their own and other
organizations once that evidence has been communicated to them? and (2) To what
extent do such management reactions lead to changes in these organizations' employment
dispute resolution systems?
The research design for
this study featured an initial electronic communication of postÐdispute resolution outcome data to
high-level managers in each of four non-union organizations, followed soon
thereafter by a face-to-face presentation and discussion of the same data with
the participating managers in each organization; surveys of the participating
managers conducted in conjunction with both the electronic communication and
face-to-face presentations; an in-depth interview of each manager conducted
shortly after completion of the face-to-face presentations; and an additional
survey and interview of each manager conducted six months after completion of the
face-to-face presentations.
Regarding the first
focal question, quantitative analysis of the survey data indicated that these
managers initially reacted to the electronically communicated evidence about
postÐdispute
resolution outcomes in their own and other organizations by favoring a revealed
performance explanation. According to this explanation, employee grievance
filers and their supervisors are or turn out to be systematically poorer
performers than grievance nonfilers and their supervisors. Following
face-to-face presentation and discussion of this same evidence, however, these
managers shifted considerably in favor of a retaliation explanation. According
to this explanation, employees who actually use their non-union organizations'
employment dispute resolution systems suffer retaliation in the forms of lower
job performance ratings and promotion rates and higher turnover rates than
grievance nonfilers in the period following grievance settlement. For some of
these managers in particular, their shift away from a revealed performance
explanation toward a retaliation explanation was most strongly influenced by
the evidence about postÐdispute resolution outcomes for supervisors of grievance filers compared
to the supervisors of grievance nonfilers. For some other managers, this shift
was most strongly influenced by consideration of the postÐdispute resolution outcome evidence
from non-union organizations other than (or in addition to) their own.
Regarding the second
focal question, qualitative analysis of the interview data indicated that each
of the four organizations eventually changed their respective employment
dispute resolution systems in one or more respects, largely because a
substantial proportion of managers in each organization came to favor the
aforementioned retaliation explanation. From an analytical perspective,
however, the process by which such changes were determined was fundamentally a
political process in which those managers who favored the retaliation story
constituted one coalition, those managers who favored the revealed performance
story constituted another coalition, and the two coalitions met and negotiated
with each other on several occasions to thrash out whether and to what extent
dispute resolution system changes would be made. This political process
occurred in each of the four participating organizations, and the membership of
each coalition in each organization represented a horizontal mix of management
functions and a vertical mix of management levels. In other words, managers
formed alliances with other managers irrespective of intraorganizational
function and level based on their dominant reaction to the evidence of postÐdispute resolution outcomes in their
own and other organizations, and then converted these alliances into clearly
demarcated coalitions for the purpose of negotiating changes in their
respective employment dispute resolution systems. This particular experience
comports closely with other well-known examples of political behavior among
managers in business enterprises.
It is also
notable that revisions to these non-union employment dispute resolution systems
occurred irrespective of important differences in the characteristics of these
systems. As examples, the aerospace company's employment dispute resolution
system has always featured external arbitration as the final step, which
company management believed ensured fairness and a lack of retaliation against
system users; the express delivery company's employment dispute resolution
system, which was instituted at the company's founding, featured the CEO as the
final step and explicit antiretaliation policy statements that company
management believed insured system fairness; the medical supply company's
employment dispute resolution system featured peer review as an intermediate
step and a three-member senior management committee as the final step, both of
which were regarded by company management as ensuring fairness and
nonretaliation against system users; and the financial services company's
employment dispute resolution system featured the CAO as the final step and
provisions calling for especially swift settlement of employee grievances,
which company management believed fit especially well with a fast-paced
transactions-oriented business and industry. Nevertheless, high-level managers
in each of these non-union organizations behaved very similarly in reacting to
evidence about postÐemployment dispute resolution outcomes by forming
internal political coalitions of like-minded managers and by subsequently
negotiating dispute resolution system changes with political coalitions of
differentially minded managers. Whether and to what extent these changes in the
employment dispute resolution systems of the non-union companies included in
this study will result in postÐdispute resolution outcomes different
from those that have dominated to date remains to be seen, but this is
obviously an important issue for the next stage of research on non-union
dispute resolution.
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