A grievance is usually defined in each contract between a union and management. Generally, a grievance is defined as a breach or violation of the contract by the employer.
Types of Grievances
1. Contract violations. These are grievances that involve a violation of a specific part of the contract. They include such matters as seniority, hours or work, staffing, wages, vacation scheduling, and disciplinary action without just cause. Examples include:
* Disciplining an employee without just cause;
* Laying off an employee who should not be laid off because of his/her seniority;
* Wrongfully refusing to grant a vacation request.
2. Past Practice or Policy violations. No contract can cover every practice or policy on the job. A practice or policy that has been in place for an extended period of time and accepted by both parties either orally, in writing, or impliedly may be the basis for a grievance if it is violated.
3. Violations of the Law. Laws written to protect workers are deemed to be part of the contract, and failure to comply with municipal, state, or federal laws may therefore also be grounds for a grievance.
A California Grievance Pursuant to a Union Contract refers to a formalized procedure established in accordance with a labor union contract to address and resolve conflicts or grievances that may arise between employees and employers. It serves as a mechanism for employees to seek recourse or remedy for perceived violations of the terms and conditions outlined in their union contract. Key elements of a California Grievance Pursuant to a Union Contract include the filing, investigation, and resolution of a formal complaint. When the process is invoked, the aggrieved employee and their union representative submit a written complaint, referred to as a grievance, to the designated employer representative or management. The grievance typically includes relevant information such as the specific clause or provision of the contract that has allegedly been violated, details of the incident or situation, and any supporting evidence or witnesses. The employee and their representative may request a specific remedy or resolution, such as back pay, reinstatement, or corrective actions. Once the grievance is submitted, the employer or management is responsible for initiating an investigation into the matter. This may involve conducting interviews, reviewing documentation, and speaking with relevant parties. The employer representative is tasked with objectively examining the evidence and determining if the alleged violation did, in fact, occur. If the employer decides that the grievance is valid, they negotiate or consult with the union representative on potential solutions or resolutions. The parties may engage in discussions, mediation, or arbitration to reach a mutually acceptable outcome. Potential outcomes may include disciplinary actions, compensatory measures, policy changes, or adjustments to working conditions. Different types of California Grievance Pursuant to a Union Contract may vary depending on the specific terms and requirements outlined in the union agreement. Some common types of grievances may include discrimination, violations of work schedules, pay disputes, improper application of work rules, unsafe working conditions, improper disciplinary actions, or denial of benefits. Each type of grievance requires specific evidence and arguments to support the claim. Overall, a California Grievance Pursuant to a Union Contract exists to ensure employee rights and protections are upheld, and to promote fairness and equity in the workplace by providing a structured process to address and resolve disputes within the framework of the labor union contract.
