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 Kansas Grievance Pursuant to a Union Contract refers to a formal process established by a labor union and outlined in a contractual agreement between the union and an employer in the state of Kansas. This mechanism serves as a means for employees represented by the union to resolve workplace disputes or conflicts, ensuring their rights, protections, and working conditions as outlined in the agreement. Keywords: Kansas, grievance, union contract, formal process, labor union, contractual agreement, workplace disputes, conflicts, rights, protections, working conditions. The grievance process typically involves several steps that allow employees to address and resolve issues that arise in the workplace. The exact steps may vary depending on the specific union contract, but generally include the following: 1. Informal Discussion: Before formally filing a grievance, it is common for employees to attempt informal discussions with their immediate supervisor or department manager to resolve the issue. This step allows for an open dialogue and the opportunity to find a mutually agreeable solution. 2. Formal Grievance Filing: If the issue remains unresolved after the informal discussion, the employee, with the assistance of their union representative, can formally file a grievance. This involves submitting a detailed written complaint outlining the problem, including relevant facts, evidence, and any supporting documentation. 3. Investigation: Once the grievance is filed, the employer is typically required to conduct a thorough investigation. This stage involves collecting information, interviewing relevant parties, reviewing relevant policies and procedures, and seeking to understand the facts surrounding the grievance. 4. Grievance Meeting: Once the investigation is complete, a meeting is typically scheduled between the employee, their union representative, and the employer's designated representative. This meeting aims to discuss the issue, present evidence and arguments, and explore possible resolutions. 5. Arbitration or Mediation: If the grievance is not resolved at the grievance meeting, additional steps may be available, such as arbitration or mediation, depending on the terms of the union contract. Arbitration involves presenting the case to a neutral third-party arbitrator who will listen to both sides and make a binding decision. Mediation involves a neutral third party who facilitates discussions between the employee and the employer in an effort to reach a mutually acceptable resolution. Types of Kansas Grievances Pursuant to a Union Contract: 1. Contractual Violations: These grievances arise when there is a perceived violation of the terms and conditions outlined in the union contract, such as pay disputes, working hours, job assignments, promotions, or disciplinary actions. 2. Discrimination and Harassment: Grievances related to discrimination or harassment at the workplace, which can include issues based on race, gender, age, religion, disability, or other protected characteristics. 3. Health and Safety: Grievances relating to unsafe working conditions or potential violations of health and safety regulations, such as inadequate safety equipment, lack of training, or failure to comply with Occupational Safety and Health Administration (OSHA) standards. In summary, a Kansas Grievance Pursuant to a Union Contract is a formal process established by a labor union and the associated contractual agreement, allowing employees to address workplace disputes or conflicts. This process involves multiple steps, from informal discussions to formal grievance filing, investigation, meetings, and potentially arbitration or mediation. Different types of grievances can arise, including contractual violations, discrimination and harassment, and health and safety concerns.
