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 Michigan Grievance Pursuant to a Union Contract refers to a formal process where an employee or a group of employees, represented by a union, lodges a complaint or dispute against their employer regarding the violation or misinterpretation of the terms and conditions outlined in their collective bargaining agreement (CBA). In Michigan, there are typically three types of grievances that can be filed pursuant to a union contract: 1. Contractual Grievance: This type of grievance arises when the employer fails to comply with the specific provisions stated in the CBA. These provisions may cover issues such as wages, benefits, working hours, overtime pay, promotions, job security, disciplinary procedures, or any other terms agreed upon in the contract. The goal of a contractual grievance is to ensure that the employer adheres to the negotiated terms. 2. Policy Grievance: A policy grievance is filed when the issue at hand involves the interpretation or application of a workplace policy that affects a group of employees as opposed to an individual. This could include disputes related to job classification, seniority rights, leave policies, safety protocols, or any other policies implemented by the employer. In this case, the union argues that the employer has violated the policy as it is outlined in the CBA. 3. Disciplinary Grievance: This type of grievance is initiated when an employee feels that disciplinary action taken against them was unwarranted or unfair. It involves contesting the employer's decision and seeking to prove that the disciplinary measures taken were not consistent with the CBA. The goal of a disciplinary grievance is to have the disciplinary action reversed or modified. The grievance process typically involves several steps outlined in the CBA, and these steps may vary depending on the specific union contract. Initially, the employee or the union representative raises the grievance with the employer's designated representative, usually a supervisor or human resources personnel. This step is often informally referred to as the "step one" of the grievance procedure. If the grievance is not resolved at this level, it may progress to subsequent steps which typically involve higher levels of management or designated representatives within the company. Each step often has specific time limitations for response and resolution, ensuring a timely and efficient resolution of the grievance. If a resolution cannot be reached through these steps, the final stage of the grievance process typically involves arbitration. An arbitrator, who acts as a neutral third party, is then tasked with resolving the dispute based on the arguments presented by both parties. The arbitrator's decision is usually binding and final, providing closure to the grievance. It is important to note that each union contract and grievance process may have its own unique procedures and requirements, which employees and unions must follow to protect their rights and secure a fair resolution to the dispute.
