Grievance Procedures and Arbitration in Dairy Labor
Every workplace has complaints. A grievance procedure is a set of steps for handling them. Some are part of a union contract, and many farms use a simpler version with no union at all.
What is a grievance procedure?
A grievance procedure is a written process for raising and resolving a workplace complaint. It usually names who hears the complaint first, how it can be appealed and how long each step takes. In a union contract, the last step is often arbitration.
Whether a farm worker has access to a formal union grievance process depends on whether a contract exists. The NLRB site explains federal labor law, and an attorney can explain how it applies to a particular farm.
What is arbitration?
Arbitration is a process in which a neutral third party hears both sides and issues a decision, often final. In union settings it is a common last step in a grievance. Some employers also use arbitration in other agreements, and rules about that vary, so ask an attorney before signing or drafting one.
Supporters say arbitration can be faster and less costly than court. Critics argue that it can limit options and may favor repeat users. Both views are debated, and the facts differ by case.
How can a dairy build a fair complaint process?
Even without a union, a farm can write a simple procedure: who to talk to first, how to raise a concern in writing, a timeline for a response and a second person to turn to if the first is the problem. Say clearly that raising a concern in good faith will not bring punishment.
Make the procedure available in the languages your crew speaks, and review it at orientation. The EEOC explains that harassment and discrimination complaints have their own rules, so those should be handled with extra care and often with legal advice.
A good procedure also covers what happens if the complaint is about the person at the first step. Name an alternate so no one has to bring a concern to the very person they are worried about.
- Name the first contact and a backup
- Allow written or spoken complaints
- Set a response timeline
- Protect people who raise concerns
- Keep records of each step
A hypothetical example
This is an example, not a real farm. A milker believes a schedule change was unfair. They tell the shift lead, who writes it down and passes it to the owner. Within a few days the owner meets the milker, hears the concern, explains the reason for the change and offers a modified rotation. Both sign a short note.
Because there was a clear process, the matter ended at the first level and the milker felt heard. Not every case ends that way, which is why a second step matters.
What should supervisors learn?
Supervisors should know how to listen, write things down, avoid promising outcomes and pass concerns on promptly. They should also know when a complaint involves safety, wages or discrimination, so it can be routed to the right place. The OSHA and Department of Labor sites explain related rules.
See also the workplace culture ideas at this agricultural jobs guide and the practical safety culture material at this farm safety resource.
Fairness and records in discipline
A grievance process works best when discipline is consistent. Write down expectations, give warnings in writing, record dates and facts and treat similar situations similarly. If you cannot explain why two people were treated differently, you may have a problem.
For employers, the federal labor pages and the BLS offer general workplace materials. For workers, ask for copies of anything you are asked to sign and keep your own notes.
If a complaint involves injury, workers' compensation may be relevant, and Texas employers may choose whether to carry it, so confirm current options with the Texas Department of Insurance.
Where else can workers turn?
Workers can also contact agencies for wage, safety and discrimination concerns, such as the Texas Payday Law program for unpaid wages, or seek advice from legal aid groups. Retaliation for raising certain concerns is prohibited in many cases, and an attorney can explain your situation.
For a lighter read, farm.FM has a dairy section, a satire section and a farm.FM piece about complaints. This is general education, not legal advice.
Sources and further reading
- National Labor Relations Board: federal labor relations agency
- U.S. EEOC: workplace discrimination and harassment rules
- OSHA: workplace safety
- U.S. Department of Labor: labor rules and programs
- Texas Payday Law (TWC): Texas wage claims
- Texas Workforce Commission: employment and labor programs
Ask locally: Talk to a Texas labor and employment attorney before drafting or signing any arbitration terms.