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 Delaware Grievance Pursuant to a Union Contract refers to the formal process used by employees within a unionized workplace to address and resolve any disputes or dissatisfaction related to their employment rights or conditions as defined in the collective bargaining agreement (CBA). This process allows union members to file a complaint or grievance, seeking remedies or resolutions that align with the terms and conditions outlined in their contract. The Delaware Grievance Pursuant to a Union Contract typically begins when an employee believes that their rights, benefits, or working conditions have been violated by the employer's actions or decisions. The employee then files the grievance in accordance with the established procedures outlined in the CBA. The grievance procedure aims to provide a fair and impartial resolution to the dispute, protecting the rights and interests of both the employee and the employer. Various types of grievances can be pursued under the Delaware Grievance Pursuant to a Union Contract, including: 1. Contractual Violations: These grievances involve instances where the employer fails to honor the specific terms and conditions stated within the collective bargaining agreement. Examples may include disputes related to wages, hours, overtime, seniority, promotions, transfers, job classifications, or any other provisions outlined in the contract. 2. Disciplinary Actions: Grievances related to disciplinary measures taken against union members, such as wrongful suspensions, terminations, or unfair performance evaluations, fall under this category. The grievance challenges the employer's decision based on violations of contractual provisions, procedural irregularities, or perceived bias. 3. Workplace Safety: These grievances relate to concerns regarding the safety and health of employees in the workplace. If a grievance believes that the employer is not adhering to established safety protocols or providing adequate protective measures, they can file a grievance seeking remedies to address the safety infractions. 4. Discrimination or Harassment: If an employee feels that they have been subjected to actions or behaviors that violate anti-discrimination laws (e.g., based on gender, race, religion, age, etc.) or that amount to workplace harassment, they can file a grievance under this category. The union seeks to address and rectify these violations through the grievance procedure. Once a grievance is filed, the procedure typically involves a step-by-step process, including the initial filing, an investigation phase, potential discussions or negotiations between the union and the employer, and finally, arbitration if necessary. Grievance procedures may also include specific timelines for each step to ensure a timely resolution. Overall, the Delaware Grievance Pursuant to a Union Contract serves as a mechanism to protect the rights and interests of employees within unionized workplaces. By allowing employees to address and resolve their concerns through established procedures, it aims to maintain a harmonious and productive work environment while upholding the provisions of the collective bargaining agreement.
