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 Mississippi Grievance Pursuant to a Union Contract refers to the formal procedure in which an employee or group of employees represented by a labor union can address and resolve issues or disputes related to their employment rights and working conditions, as outlined in the collective bargaining agreement (CBA) between the union and the employer. This party-specific process ensures that both employees and employers have rights and obligations, and provides a structured mechanism for resolving conflicts without resorting to strikes or other forms of industrial action. The Mississippi grievance procedure typically follows a sequential series of steps, progressing to higher levels of authority if the issue remains unresolved at each stage. The specific steps may vary depending on the particular union and employer, but generally involve the following: 1. Informal resolution: Before initiating a formal grievance, employees are encouraged to resolve the issue informally by discussing it with their immediate supervisor or other appropriate management personnel. This step helps to promote open communication and potentially address concerns promptly without entering into a lengthy process. 2. Filing the grievance: If an informal resolution is not feasible or unsuccessful, the employee, in consultation with their union representative, can begin the formal grievance process by submitting a written complaint to their supervisor or human resources department. The complaint should clearly state the nature of the grievance, the specific contract provision allegedly violated, relevant facts, and any supporting documentation or evidence. 3. First-level review: Upon receipt of the written grievance, the employer or designated representative (often a union steward) will conduct an investigation and initiate a meeting to discuss the matter with the employee and their union representative. This step aims to facilitate open dialogue, clarify the issues, and seek a mutually agreed-upon resolution. The employer must respond in writing within a specified timeframe. 4. Second-level review: If the grievance remains unresolved after the first-level review, the employee, with the support of their union representative, can escalate the grievance to a higher-level authority. This may involve presenting the complaint to a more senior management representative, labor relations or human resources manager. The employer should conduct a separate investigation, review relevant information, and offer a response in writing. 5. Arbitration: If the second-level review fails to resolve the grievance, the employee may choose to request arbitration. This involves the appointment of an impartial third-party arbitrator, agreed upon by both the union and the employer, who will hear the case. The arbitrator's decision is usually binding and final, serving as a resolution to the grievance. Different types of Mississippi Grievance Pursuant to a Union Contract may include disputes regarding wages, overtime, workplace safety, discrimination, disciplinary actions, work scheduling, benefits, promotions, seniority, contractual interpretation, or any other matter related to the terms and conditions of employment outlined in the CBA. It is important to note that the structure and specific procedures of the grievance process may vary depending on the union, the nature of the dispute, and the provisions established in the collective bargaining agreement between the union and the employer.
