While non-unionized Pennsylvania employers are not legally obligated to provide their employees with an internal grievance procedure, many choose to do so in an effort to satisfy employee complaints and to stave off union organizing campaigns. Employees who feel they have no way for their workplace problems and concerns to be heard are more likely to turn to a union for assistance in obtaining a means to voice their concerns. On the other hand, employees who are satisfied that their employer is concerned about issues affecting them will often make a good-faith effort to resolve legitimate employee complaints/grievances, and are less likely to be interested in a union or in filing a lawsuit. The problem-solving procedure is designed for employers who are relatively free from concerns about unionization, while the fair treatment procedure, which reads more like a typical collective bargaining agreement grievance procedure, is designed for employers with a greater expectation of union organizational activities.
An internal complaint/grievance procedure also may be advantageous to an employer in the discrimination context. An employee who has access to an internal policy and procedure may be less likely to turn first to an outside agency for assistance. Further, a discrimination claim from an individual who...
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