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Let me state again my heart’s desire—that every employee and employer have a credible 3rd party resource to adjudicate and/or decide serious disputes as they may arise among them. Such a stance should not suggest I think “right” is always on the side of one party—be it employee or employer. But I know without question that true friends of both parties will favor third party review. The employer if he is right will have his judgment about the matter objectively confirmed so that he and others will gain confidence in his discernment and fairness in judgment. The employee if he is right will understand that he too has a reliable sense of fairness—in any case, he will know that he lives in a country in which fair treatment is taken seriously even on the ground level of livelihood provision. And whether one or the other is successful or not, both parties will understand that in America fairness in the workplace is a core value taken seriously and falls within the umbrella of humane public policy.
Now how will a goal of credible 3rd party review be promulgated? Here is where many points of view and suggestions will prove to be valuable. My own experience was with the City of Saint Petersburg, Fl. In this case, the Human Resources Department was a credible objective 3rd party due to a professionalism that was jealous of its independence in such matters—not unlike how the US Justice Department is jealous of its independence from executive political influence. Larger companies may decide to make employee representation a feature of boardroom composition and from there decide on a mutually agreeable method to ensure a fair and objective 3rd party review. Smaller companies by their very nature will need outside access to 3rd party review. My own view is this will probably involve a public (or governmental) review process. In all cases, professional standards for a fair and objective review will need to be enunciated and followed. It is my hope that the review process will become mutually helpful and highly efficient and effective. As Joe Friday use to say,—"just the facts, mam."
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