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 Montana Grievance Pursuant to a Union Contract refers to a formal process outlined in a collective bargaining agreement (CBA) between an employer and a labor union. It is a mechanism established to address and resolve disputes or grievances that arise between employees and employers regarding the interpretation, application, or violation of the terms and conditions of the CBA. Under Montana labor law, the Grievance Pursuant to a Union Contract provides employees with a structured and fair way to seek redress for alleged workplace issues, such as unfair treatment, discriminatory practices, improper disciplinary actions, contractual violations, wage disputes, or any other deficiencies in working conditions or employment rights. The process typically starts when an employee, or the employee's designated union representative, files a written complaint, known as a grievance, with the employer or a relevant supervisor within a specified time frame, as stipulated in the CBA. The grievance should clearly outline the nature of the issue, reference specific articles or sections of the CBA allegedly violated or misapplied, and suggest the desired resolution. Once the grievance is filed, the CBA will likely specify a series of steps that must be followed to resolve the dispute. These steps may include: 1. Informal Discussion: This stage involves an open conversation between the aggrieved employee, their union representative, and their immediate supervisor or a designated management representative. The goal is to clarify the issue and find a mutually agreeable resolution. 2. Formal Grievance: If the informal discussion does not result in a satisfactory resolution, the grievance may progress to a formal stage. This typically involves submitting a written grievance to the next level of management, such as department heads, human resources, or union representatives. 3. Grievance Review: At this stage, a designated committee or panel, often comprised of representatives from both the union and management, will thoroughly review the grievance and any relevant evidence or documentation. They will assess the facts, evaluate the contract provisions, and issue a written decision within a specified time frame. 4. Arbitration: If the grievance review fails to resolve the issue to the satisfaction of the employee or the union, the next step may involve arbitration. This involves the appointment of a neutral third-party arbitrator who will conduct a formal hearing and render a final and binding decision. Different types of grievances can arise under a Montana Grievance Pursuant to a Union Contract, including disciplinary grievances, contract interpretation grievances, layoff grievances, and even grievances related to health and safety concerns. Each type of grievance may have specific procedures and timelines outlined in the CBA to ensure a fair and consistent resolution process. Overall, the Montana Grievance Pursuant to a Union Contract plays a significant role in resolving workplace disputes and maintaining good labor relations by providing an avenue for employees and their unions to seek recourse when they believe their contractual rights have been violated or compromised.
