Illinois 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.

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FAQ

Employers must give the union advance notice of any proposed workplace changes that involve these issues, if the union requests it. An employer who refuses to bargain or takes unilateral action in one of these mandatory bargaining areas commits an unfair labor practice.

The Illinois Public Labor Relations Act protects these workers' right to unionize and bargain collectively and regulates the conduct of union elections and the resolution of labor disputes. The law prohibits police officers and firefighters from engaging in a strike.

A union contract is a written agreement between the employer and the employees that details the terms and benefits in a clear and legally-binding way (more on the value of contracts here).

An employer and a union are required to negotiate any subject that relates to wages, benefits or other terms and conditions of employment. As a result, both parties must discuss and reach an agreement on each of those terms. If the parties are unable to reach an amicable agreement, then negotiations may reach impasse.

Typically the two sides have an attorney or group of attorneys who work together to draft the agreement so it complies with all applicable laws.

The vast majority of union-employer contract disputes are resolved in a grievance procedure, and most of the rest are disposed of routinely through arbitration. Occasionally, a party will resist arbitration or will refuse to comply with an arbitrator's award.

Regardless of where you live, the Supreme Court has ruled that you can resign union membership at any time. However, if you don't work in one of the right to work states discussed above, unions can still force you to pay fees similar to union dues (often called agency fees), even if you are not a union member.

Employers must give the union advance notice of any proposed workplace changes that involve these issues, if the union requests it. An employer who refuses to bargain or takes unilateral action in one of these mandatory bargaining areas commits an unfair labor practice.

Interrogatedo not interrogate employees about their activities or activities of co-workers. Promisedo not promise anything to employees, such as promotions or benefits, in exchange for not supporting the union. Surveillance/Spyingnever spy on union activities.

The process to decertify a union starts with filing an RD petition at the regional National Labor Relations Board (NLRB) office or electronically on the NLRB website. If 30 percent of the bargaining-unit employees sign the petition, the NLRB may hold a hearing and authorize an election to decertify the union.

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Illinois Grievance Pursuant to a Union Contract