District of Columbia Grievance Pursuant to a Union Contract

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Description

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.

The District of Columbia Grievance Pursuant to a Union Contract refers to a specific procedure outlined in labor union contracts within the District of Columbia (D.C.). This process allows employees who are members of a union to raise complaints or grievances regarding their employment conditions, treatment, or the interpretation and application of their union contract. Keywords: District of Columbia, grievance, union contract, labor union, complaints, employment conditions, treatment, interpretation, application. The grievance process typically involves a step-by-step approach to resolve workplace issues through mutual agreement between the union and the employer. It ensures that any concerns raised by employees are addressed fairly, and if necessary, corrective actions are taken to resolve the grievances. The details and specific steps of the grievance process can vary depending on the particular union contract in place. During the grievance process, there might be different types of grievances that can be pursued under a union contract. Some common examples include: 1. Contractual Violation Grievance: This type of grievance arises when an employer or the union violates any terms or conditions specified in the union contract, such as wage and hour provisions, seniority rights, or leave policies. 2. Discrimination Grievance: Employees may file a discrimination grievance if they believe they have been treated unfairly based on protected characteristics like race, gender, age, religion, or disability. The union contract typically provides protection against discriminatory practices, and the grievance process helps address and rectify such issues. 3. Dispute over Work Assignment Grievance: When there is a disagreement between an employee and the employer regarding job duties, work schedules, or responsibilities that are not aligned with the provisions of the union contract, a work assignment grievance can be filed to resolve the issue. 4. Performance Evaluation Grievance: If an employee believes that their performance evaluation was conducted in a biased or unfair manner, they can follow the grievance process to challenge and seek a review or revision of their performance assessment. 5. Benefits and Leave Grievance: This type of grievance involves disputes related to employee benefits and leave entitlements, such as health insurance coverage, vacation time, sick leave, or family and medical leave. Employees can file a grievance if they believe their benefits have been wrongly denied, improperly administered, or not provided as per the union contract. It is important to note that the specific types of grievances and the process for pursuing them may differ across different union contracts within the District of Columbia. Employees and unions should refer to their respective contract agreements to understand the exact procedures and mechanisms in place for filing and resolving grievances.

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FAQ

A grievance is an employee complaint that the employer violated the worker's rights under the law, pursuant to a contract, or as set forth in the employer's workplace policies and procedures. In a union workplace, a grievance generally involves the employer's breach of the terms of the collective bargaining agreement.

Labor unions generally have a strict procedure for filing grievances: The employee makes their complaint to a union representative or some other official. The union representative completes a form and then files this form with the union for review. The union files the form and any other relevant documents.

Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination.

A grievance may be withdrawn at any time, by an Employee or the Union, by advising the Employer's designated representative at the Step at which the grievance exists. This withdrawal shall be confirmed in writing.

You should listen to the employee's or union's grievance and make sure of the facts. Do try to make the decision fairly. Do try to be reasonable. Do take the action you believe should be taken based upon the individual circumstances involved.

Unresolved grievances may go to higher levels of company management and higher-level union representatives to settle the matter. If it still cannot be resolved, the matter usually goes to mediation or arbitration.

Five Steps To Winning GrievancesListen carefully to the facts from the worker. Listening is a lot harder than most people realize.Test for a grievance. You already know the five tests for a grievance.Investigate thoroughly.Write the grievance.Present the grievance in a firm but polite manner.

Step 1: Understanding the options.Step 2: Raising a formal grievance.Step 3: Responding to a formal grievance.Step 4: The grievance meeting.Step 5: Deciding the outcome.Step 6: After the grievance procedure.

If after sufficient good faith efforts, no agreement can be reached, the employer may declare impasse, and then implement the last offer presented to the union. However, the union may disagree that true impasse has been reached and file a charge of an unfair labor practice for failure to bargain in good faith.

A grievance may be withdrawn at any time, by an Employee or the Union, by advising the Employer's designated representative at the Step at which the grievance exists. This withdrawal shall be confirmed in writing.

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District of Columbia Grievance Pursuant to a Union Contract