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 North Carolina Grievance Pursuant to a Union Contract refers to the formal process followed by employees or their representatives to address workplace concerns or disputes under the terms specified in a collective bargaining agreement (CBA) between the employees and their employer's union. This grievance process is central to resolving various employment-related issues, protecting rights, and maintaining a harmonious labor-management relationship. The North Carolina grievance process typically involves multiple stages defined within the union contract. Common types of grievances pursued in North Carolina include: 1. Individual Grievances: These are raised by individual employees who believe that their rights, terms, or conditions of employment have been violated under the union contract. Examples may include wrongful termination, unfair discipline, improper assignment, or denial of benefits. 2. Group or Class Grievances: These grievances are filed by a group of employees who share similar concerns or have faced similar violations of the union contract. Group grievances might involve issues like workplace safety, discriminatory practices, wage disputes, or contract interpretation. 3. Systemic Grievances: These grievances address broader systemic issues within the workplace that affect numerous employees. Systemic grievances often focus on overall contract compliance, general workplace policies, or recurring problems affecting multiple individuals. Common systemic issues include inadequate training, flawed evaluation systems, or insufficient staffing. The process for pursuing a grievance typically involves the following steps: Step 1: Informal Resolution — The employee or their representative discusses the issue with their immediate supervisor or another designated manager. They attempt to resolve the matter informally through discussions, negotiations, or mediation. Step 2: Formal Filing — If the issue remains unresolved after the informal stage, the employee or their representative submits a written grievance following the specified procedures outlined in the union contract. This document should include a detailed description of the problem, date, time, and parties involved. Step 3: Investigation — The grievance is investigated formally by management, including the human resources department, to gather facts, interview relevant parties, and review any relevant documents. Both the employee and the union representative may provide additional evidence, statements, or witnesses to support their case. Step 4: Grievance Hearing — If the dispute remains unresolved, a formal grievance hearing is conducted, typically before an impartial arbitrator or a panel of arbitrators. During the hearing, both sides present their case, call witnesses, and present evidence. The arbitrator(s) carefully considers the arguments and evidence presented to make a binding decision. Step 5: Appeal Process — In some cases, either party may have the right to appeal the arbitrator's decision within a specified timeframe. The appeal process involves submitting a formal request for review, accompanied by supporting arguments or legal precedent, to a higher authority—such as a grievance committee, mediation board, or a higher level of arbitration. Throughout this process, various keywords or legal terms associated with North Carolina grievances pursuant to a union contract may include collective bargaining agreement, union representative, violation, arbitration, labor-management relations, resolution, documentation, contract interpretation, due process, hearing, mediation, and appeal.
