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 Maryland Grievance Pursuant to a Union Contract refers to the formal process through which employees covered by a union contract can seek resolution of workplace disputes or issues. This process allows employees to raise concerns or complaints and seek a resolution through negotiations between the union, representing the employees, and the employer. Key terms and keywords related to this process include Maryland, grievance, union contract, workplace disputes, complaints, resolution, negotiations, employees, and employer. In Maryland, like in many other states, the contractual rights and protections of employees within a union are established through collective bargaining agreements. These agreements outline the terms and conditions of employment, including wages, benefits, hours, and the process by which grievances are addressed. When an employee has a grievance, which can range from wage disputes to unfair treatment or violation of workplace rights, they can initiate the grievance process outlined in the union contract. The first step is usually to discuss the concern with their immediate supervisor or manager. If the issue is not resolved at this stage, the employee can escalate it to the next level, often a union representative or steward. The union representative, acting on behalf of the employee, will then file a formal written grievance with the employer, outlining the issue and specific violations of the union contract. The employer is usually required to respond within a specified timeframe, which is also outlined in the union contract. Different types of grievances that may be pursued under a Maryland union contract can include: 1. Contractual violations: These involve alleged breaches of the terms and conditions outlined in the collective bargaining agreement, such as unpaid overtime, denial of benefits, or failure to provide a safe working environment. 2. Disciplinary actions: Grievances can be pursued if an employee believes they were subjected to unfair or unjust disciplinary actions, such as suspensions or terminations. 3. Harassment or discrimination: If an employee feels they have been subjected to harassment or discrimination based on protected characteristics as outlined in federal or state anti-discrimination laws, they can file a grievance. 4. Disputes over job assignments or promotions: If an employee believes they were not granted fair consideration for a job assignment or promotion, they may file a grievance. The grievance process typically includes multiple steps, such as meetings between the union, employee, and employer representatives to discuss and negotiate a resolution. If an agreement cannot be reached, the process may proceed to mediation or arbitration, where a neutral third party mediates or makes a binding decision to resolve the dispute. It is crucial for employees to review their specific union contract to understand the exact procedures, timelines, and requirements for filing a grievance in their particular workplace. Additionally, employees should consult with their union representatives or legal counsel to navigate the grievance process effectively and protect their rights under the applicable Maryland laws.
