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.
Illinois Grievance Pursuant to a Union Contract refers to the formal process through which an employee, represented by a union, can raise and resolve workplace disputes or complaints. These grievances relate to violations of the terms and conditions outlined in the union contract, which is a legally binding agreement between the employer and the union that governs various aspects of employment. The primary goal of the grievance process is to ensure that employees' rights are protected and disputes are resolved fairly and efficiently. The process typically involves a series of steps that must be followed in a specified order, as outlined in the union contract. Key elements and keywords related to the Illinois Grievance Pursuant to a Union Contract include: 1. Union Contract: This refers to the collective bargaining agreement (CBA) entered into between the union and the employer, which outlines the rights, responsibilities, and terms and conditions of employment for unionized workers. 2. Grievance: A grievance arises when an employee believes a violation of the union contract has occurred. This could include issues such as disciplinary actions, workplace safety concerns, unfair treatment, or contract interpretation disputes. 3. Grievance Procedure: The union contract outlines the specific steps and timelines for filing and resolving a grievance. This typically includes escalating the complaint from the immediate supervisor to higher levels of management or through an agreed-upon dispute resolution process. 4. Exhaustion of Remedies: In many cases, the employee must fully exhaust the grievance procedure within the union contract before seeking external remedies such as arbitration or legal action. 5. Arbitration: If the grievance cannot be resolved internally, the union and employer may agree to submit the dispute to a neutral third-party arbitrator. Arbitration is binding and the arbitrator's decision is final and enforceable. 6. Types of Grievances: Grievances can vary depending on the specific union contract and industry. Examples may include disputes over wages, hours of work, overtime compensation, promotions, disciplinary actions, and workplace safety. 7. Timelines and Deadlines: The union contract generally includes specific timelines for filing a grievance, as well as deadlines for responding and resolving the complaint at each stage of the process. Overall, the Illinois Grievance Pursuant to a Union Contract provides a structured mechanism for employees and their unions to address and resolve workplace disputes and ensure compliance with the terms of the collective bargaining agreement. The process aims to protect employee rights, promote fair treatment, and maintain harmonious labor relations between the union and the employer.
