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.
In Nebraska, a grievance pursuant to a union contract refers to a formal complaint raised by an employee or a group of employees, typically represented by a labor union, against their employer for an alleged violation or misinterpretation of the terms and conditions outlined in their union contract. A grievance is a crucial mechanism that allows employees to seek resolution and protest any perceived injustices or violations of their rights as defined by the union contract. It is a formal process established to ensure fairness, consistency, and adherence to the negotiated agreement between the labor union and the employer. Keyword: Nebraska, Grievance, Union Contract, Employee, Labor Union, Formal Complaint, Violation, Misinterpretation, Terms and Conditions, Resolution, Injustices, Rights, Negotiated Agreement. Different types of Nebraska Grievances Pursuant to a Union Contract: 1. Contract Violation Grievance: This type of grievance arises when an employer fails to comply with specific terms and conditions explicitly stated in the union contract. It could include issues related to wages, working hours, benefits, job security, or any other contractual provisions that the employer has allegedly violated. 2. Disciplinary Grievance: When an employee believes that disciplinary actions taken against them by the employer, such as suspension, termination, or a written warning, were unjust or not in compliance with the union contract, a disciplinary grievance can be filed. 3. Interpreting Grievance: Interpreting grievances arise when there is a dispute or disagreement between the labor union and the employer regarding the correct interpretation of specific provisions within the union contract. This type of grievance seeks resolution by having the issue clarified or obtaining an interpretation that aligns with the employee's or labor union's understanding. 4. Contract Application Grievance: Contract application grievances occur when an employer practices a policy or enforces a regulation inconsistent with the agreement outlined in the union contract. This grievance aims to rectify situations where the employer's actions deviate from the terms and conditions explicitly stated in the contract. 5. Discrimination Grievance: If an employee feels that they have been subjected to discriminatory treatment or unfair practices by their employer based on factors such as race, gender, age, disability, or any other protected characteristic, they may file a discrimination grievance. This type of grievance aims to address any instances of discrimination and seek appropriate remedies under the union contract. Keyword: Contract Violation, Disciplinary Grievance, Interpreting Grievance, Contract Application, Discrimination Grievance, Wages, Working Hours, Benefits, Job Security, Disciplinary Actions, Suspension, Termination, Written Warning, Interpretation, Dispute, Policy, Regulation, Inconsistent, Discriminatory Treatment, Protected Characteristic.
