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 Dakota Grievance Pursuant to a Union Contract" refers to a formal process outlined in a labor union contract that allows an employee to address workplace disputes or issues with their employer in the state of North Dakota. This process ensures that employees have a structured method to voice their concerns, protecting their rights and improving the working conditions. When an employee believes that their employer has violated the terms of the union contract, they may initiate a grievance by submitting a written complaint. The grievance document should include specific details regarding the alleged violation, such as dates, times, locations, individuals involved, and any supporting evidence if available. The employee should also clearly state the remedy or resolution they seek. Once the grievance is filed, the process typically involves several steps: 1. Informal Resolution: As the first step, the employee is encouraged to attempt an informal resolution by discussing the grievance with their immediate supervisor or manager. This can often help clarify misunderstandings or resolve issues quickly without formal procedures. 2. Representation: If the informal resolution does not resolve the grievance, the employee may choose to involve their union representative or steward. The representative will help guide the employee through the grievance process, ensuring their rights are protected, and providing expertise in labor contracts and workplace issues. 3. Written Documentation: If the informal resolution fails or is inappropriate due to the seriousness of the issue, the employee, with the assistance of their union representative, will submit a written grievance to the employer. The document should clearly outline the issue, reference the relevant contract clauses, and state the requested resolution. 4. Investigation: Upon receiving the written grievance, the employer will conduct an investigation. This typically involves reviewing relevant documents, interviewing involved parties, and gathering any necessary evidence to assess the merit of the grievance. The investigation should be fair, impartial, and timely. 5. Grievance Meeting: After completing the investigation, the employer will schedule a grievance meeting where the employee, their representative, and the employer's representative will discuss the issue. During this meeting, both parties may present their cases, question witnesses or involved individuals, and attempt to negotiate a satisfactory resolution. 6. Arbitration: If the grievance remains unresolved after the meeting, the labor contract might provide for arbitration as the next step. Arbitration involves presenting the case to a neutral third-party arbitrator or a panel, who will evaluate the evidence, listen to both parties' arguments, and make a final decision. The arbitrator's decision is typically binding for both parties. It is important to note that different labor union contracts may have additional or specific procedures unique to their industry or agreement. While the general grievance process described above is common across various union contracts, the terminology might slightly differ. Some additional types of grievances that can be pursued under a union contract in North Dakota may include disciplinary grievances, contract interpretation disputes, wage-related grievances, and issues related to working conditions or employee rights. Overall, the North Dakota Grievance Pursuant to a Union Contract allows employees to address workplace disputes in a formal and structured manner while ensuring that their rights are protected and providing an opportunity for resolution.
