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.
Connecticut Grievance Pursuant to a Union Contract refers to the legal procedure followed when an employee or a group of employees files a complaint or dispute against their employer as outlined in their collective bargaining agreement (CBA). This grievance process aims to provide a formal mechanism for resolving conflicts or addressing alleged violations of the terms and conditions of employment. The grievance process typically involves the following steps: 1. Filing: The employee or the union representing the employee submits a written complaint, or grievance, to the employer. This document must include the relevant facts, the specific article(s) of the CBA allegedly violated, and the requested remedy. 2. Informal Discussions: Depending on the circumstances and the CBA, the employer and the union may engage in informal discussions to resolve the matter before proceeding to the formal grievance procedure. These discussions may involve representatives from both sides, including a shop steward or a union representative. 3. Formal Grievance: If the issue remains unresolved, the employee or union proceeds to formally file the grievance with the employer. This initiates the official grievance procedure outlined in the CBA. The employer typically has a set period, as specified in the CBA, to respond to the grievance. 4. Grievance Procedures: The CBA will outline the specific grievance procedures to be followed, including timelines, the individuals or committees responsible for each stage, and any potential escalation mechanisms. These procedures may involve multiple levels of review, such as presenting the grievance to a supervisor, manager, or management representative. 5. Mediation or Arbitration: If the grievance remains unresolved at the higher levels of review, mediation or arbitration may be the next step. Mediation involves a neutral third party who helps facilitate discussions between the employer and the union to reach a resolution. Arbitration involves a neutral arbitrator who makes a binding decision after hearing both sides present their cases. In Connecticut, there may be different types of grievances that can be pursued under a union contract. Some common types include: 1. Contractual Violations: These grievances arise when there has been an alleged violation or misinterpretation of specific articles of the CBA. Examples include disputes over wage rates, working hours, vacation rights, or seniority provisions. 2. Disciplinary Actions: Grievances related to disciplinary actions such as suspensions, terminations, or demotions can be pursued if they are deemed to be unfair or in violation of the CBA provisions regarding due process or disciplinary procedures. 3. Health and Safety Concerns: Grievances can be filed if an employee or union believes that the employer's actions or policies are endangering their health or safety, such as inadequate safety equipment or failure to address hazardous working conditions. 4. Contract Administration: This type of grievance pertains to disputes over the proper interpretation, application, or implementation of the CBA terms, including issues related to job classifications, promotions, or transfer procedures. It is important to note that specific details regarding the grievance process, timelines, and procedures can vary based on the language and provisions of the union contract. Employees and unions are typically encouraged to consult the CBA, their union representatives, or legal counsel for accurate and specific guidance relevant to their particular situation.
