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 grievance pursuant to a union contract refers to a formal complaint or dispute raised by an employee or a group of employees against their employer, typically in the context of a unionized workplace. In the state of Indiana, a grievance pursuant to a union contract follows specific procedures outlined in the Indiana Code and the collective bargaining agreement between the union and the employer. The purpose of a grievance is to address alleged violations or misinterpretations of the terms and conditions of employment, such as wages, hours of work, working conditions, disciplinary actions, promotions, seniority rights, or any other provision agreed upon in the union contract. Grievances provide a structured method for employees to seek resolve and enforce their rights under the contract. Indiana recognizes different types of grievances that employees may file under a union contract. These can vary depending on the specific provisions contained in the collective bargaining agreement. Some common types of grievances pursued in Indiana include: 1. Contract interpretation grievance: When there is a disagreement or confusion over the interpretation of specific contract language or provision, an employee or the union may raise a contract interpretation grievance. This type of grievance seeks to clarify the meaning and intent of the contract language. 2. Discrimination grievance: If an employee believes they have been discriminated against based on their race, gender, age, religion, disability, or any protected characteristic under state or federal law, they can file a discrimination grievance. This type of grievance aims to address any discriminatory actions taken by the employer. 3. Disciplinary grievance: When an employee faces disciplinary actions such as suspension, termination, or other forms of punitive measures, they may file a disciplinary grievance. This grievance challenges the fairness or appropriateness of the disciplinary action taken by the employer. 4. Workplace safety grievance: Employees have the right to a safe and healthy work environment. If there are concerns regarding unsafe working conditions, hazardous practices, or inadequate safety measures, employees or the union can file a workplace safety grievance. This type of grievance aims to ensure compliance with occupational health and safety regulations. To initiate a grievance pursuant to a union contract in Indiana, the employee or the union representative must typically notify the employer within a specified timeframe, as outlined in the collective bargaining agreement. The grievance procedure then involves several steps, including written notifications, meetings between the parties involved, possible mediation or arbitration, and a final decision or resolution. Keywords: Indiana, grievance, union contract, procedures, Indiana Code, collective bargaining agreement, employee rights, contract interpretation grievance, discrimination grievance, disciplinary grievance, workplace safety grievance, notification, meetings, mediation, arbitration, resolution.
