North Dakota Grievance Pursuant to a Union Contract

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US-00409BG
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Description

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.

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FAQ

In North Dakota, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.

North Dakota is an employment-at-will state (ND Cent. Code Sec. 34-03-01). Therefore, an employer may generally terminate an employment relationship at any time and for any reason, unless an agreement or law provides otherwise.

The states that have laws against union membership as a condition of employment are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas,

The 28 states having 'Right-to-Work' laws include Arizona, Alabama, Arkansas, Florida, Idaho, Georgia, Indiana, Kansas, Iowa, Kentucky, Michigan, Louisiana, Mississippi, Nebraska, Missouri, Nevada, North Dakota, North Carolina, Oklahoma, South Dakota, South Carolina, Tennessee, Utah, Virginia, Texas, Wisconsin, and

Wrongful Termination in North DakotaThe employee can sue for such things as lost pay, lost benefits, emotional and punitive damages, and attorney fees.

(It is good etiquette, although not legally required, for an employee to give two weeks' notice before leaving.) Unless there is an employment contract saying otherwise, North Dakota law considers all employment relationships to be at will.

Like most states, North Dakota provides an exclusive remedy provi- sion in its workers' comp law. In short, an employee gives up the right to sue her employer for workplace injuries in exchange for a workers' comp system that provides the assurance of benefits regardless of the employee's own fault for the injuries.

North Dakota Right to Work Laws Summary of North Dakota's so-called "right to work" law, which prohibits unions from requiring non-union workers at unionized work sites to pay monthly fees.

Similar to other states with such laws, North Dakota's right to work statute states that a person's right to secure employment should not be conditional on union membership (which already is enforced through federal labor law).

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North Dakota Grievance Pursuant to a Union Contract