New Hampshire Grievance Pursuant to a Union Contract

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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.

A New Hampshire Grievance Pursuant to a Union Contract refers to a formal complaint or dispute filed by a unionized employee in the state of New Hampshire against their employer in relation to any alleged violation of the terms and conditions of their labor union contract. This process allows individuals who are part of a labor union to address concerns or grievances they may have regarding workplace situations or violations of their rights as outlined in the collective bargaining agreement. The grievance process typically involves multiple steps, starting with an informal discussion between the employee and their immediate supervisor or management representative, and may eventually escalate to formal procedures if the issue is not resolved satisfactorily. Some common types of New Hampshire Grievance Pursuant to a Union Contract include: 1. Contract interpretation: This type of grievance occurs when there is disagreement or uncertainty about the meaning or application of specific provisions within the labor union contract. It could involve disputes about wage rates, benefits, job assignments, hours of work, or any other contractual obligation. 2. Disciplinary action or termination: If an employee feels they have been unfairly disciplined or wrongfully terminated, they can file a grievance asserting that the employer has violated the agreed-upon procedures for discipline or termination as mentioned in the union contract. 3. Work environment and health and safety violations: Grievances can be filed if an employee believes that the employer has failed to maintain a safe and healthy work environment as required by the labor union contract or state and federal laws. This may include issues like unsafe working conditions, inadequate safety equipment, harassment, or unsafe procedures. 4. Promotions, transfers, or reclassification: Employees can file a grievance if they believe they were discriminated against or passed over for a promotion, transfer, or reclassification opportunity in violation of the union contract or anti-discrimination laws. 5. Seniority and job assignments: If there are disputes related to seniority rights or unfair job assignments, employees can file a grievance to challenge any perceived violations of their rights as outlined in the collective bargaining agreement. The New Hampshire Grievance Pursuant to a Union Contract is an important mechanism that allows unionized employees to assert their rights and seek resolution for workplace issues. It ensures that the terms and conditions agreed upon in the collective bargaining agreement are upheld, providing a fair and equitable work environment for employees.

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FAQ

You should listen to the employee's or union's grievance and make sure of the facts. Do try to make the decision fairly. Do try to be reasonable. Do take the action you believe should be taken based upon the individual circumstances involved.

The vast majority of union-employer contract disputes are resolved in a grievance procedure, and most of the rest are disposed of routinely through arbitration. Occasionally, a party will resist arbitration or will refuse to comply with an arbitrator's award.

A key objective of effective systems is to ensure that wherever possible, the parties to the dispute resolve it through a consensus-based process such as conciliation and mediation, before reverting to arbitration and/or adjudication through a tribunal or labour court.

Conciliation: the settlement of disputes over interests, disagreements over the termination of work relationships, or disputes between trade unions within one company only. It is done through deliberations mediated by one or more neutral conciliators.

Employers must give the union advance notice of any proposed workplace changes that involve these issues, if the union requests it. An employer who refuses to bargain or takes unilateral action in one of these mandatory bargaining areas commits an unfair labor practice.

An unfair labor practice is an action by an employer or a union that violates the National Labor Relations Act (NLRA). Examples of prohibited conduct by a union include: Restraining or coercing the employer or employees in exercising the rights provided by the NLRA.

Interrogatedo not interrogate employees about their activities or activities of co-workers. Promisedo not promise anything to employees, such as promotions or benefits, in exchange for not supporting the union. Surveillance/Spyingnever spy on union activities.

Collective bargaining is the process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more.

An employer and a union are required to negotiate any subject that relates to wages, benefits or other terms and conditions of employment. As a result, both parties must discuss and reach an agreement on each of those terms. If the parties are unable to reach an amicable agreement, then negotiations may reach impasse.

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New Hampshire Grievance Pursuant to a Union Contract