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 Florida Grievance Pursuant to a Union Contract refers to a formal process designed to address and resolve disputes or complaints between employees and employers that arise from the interpretation, application, or violation of a collective bargaining agreement or union contract in the state of Florida. It provides employees with a mechanism to seek resolution in situations where they believe their rights have been violated or the terms of the agreement have been disregarded. Key elements of a Florida Grievance Pursuant to a Union Contract typically include: 1. Grievance Filing: Employees or their representatives file a written complaint (grievance) with the employer within a specified timeframe, usually outlined in the collective bargaining agreement. This written document details the nature of the dispute, including relevant facts, contract provisions, and the remedy sought. 2. Internal Review: Upon receipt of the grievance, the employer and union representatives, often a shop steward or union representative, engage in an internal review process. This may involve discussing the concern, analyzing the relevant contract language, and attempting to reach a resolution through informal discussions or negotiations. If a resolution is reached, the grievance is then considered settled. 3. Formal Grievance Procedure: If the informal resolution fails, the grievance may proceed to a formal procedure outlined in the collective bargaining agreement. This typically involves a series of escalating steps, each with specified timeframes, that must be followed. These steps may include the filing of written responses, hearings, and presenting evidence to a neutral arbitrator or a panel of arbitrators. The process ensures a fair and impartial review of the grievance. 4. Arbitration: If the grievance remains unresolved after exhausting the formal procedure, arbitration may be the final step. In arbitration, a neutral third party, known as an arbitrator, hears arguments and evidence from both parties and makes a final, binding decision on the matter. The arbitrator's decision is based on the interpretation of the collective bargaining agreement and relevant laws. Types of Florida Grievance Pursuant to a Union Contract: 1. Contract Interpretation Grievance: Arises when there is a disagreement or misinterpretation of the terms, provisions, or language within the collective bargaining agreement. It typically focuses on clarifying the intended meaning of specific contract clauses. 2. Violation Grievance: Occurs when an employer fails to adhere to or violates the terms and conditions outlined in the collective bargaining agreement. This may include issues such as improper discipline, unfair treatment, wage and hour violations, or breach of contract. 3. Discrimination Grievance: Involves complaints alleging discrimination based on protected characteristics such as race, gender, age, religion, or disability. This type of grievance asserts that the employer has violated anti-discrimination laws and demands that the discriminatory actions be rectified. 4. Retaliation Grievance: Arises when an employee files a grievance or supports a colleague in filing one and experiences adverse actions, such as demotion, termination, or transfers, as a direct result of their involvement. This type of grievance aims to address any reprisals or retaliation from the employer in response to the exercising of grievance rights. It is important to note that the specific processes and terminology used in a Florida Grievance Pursuant to a Union Contract may vary depending on the terms outlined in the specific collective bargaining agreement between the union and the employer.
