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.
New Mexico Grievance Pursuant to a Union Contract refers to the formal procedure followed by unionized workers in the state of New Mexico to address and resolve disputes or concerns related to their employment rights and the terms of their union contract. A grievance is a complaint or claim brought by an employee against an employer, alleging a violation of their rights or a breach of the contract. These grievances are filed by the union on behalf of individual employees or a group of employees and are handled through a specific process outlined in the union contract. The union contract is a legally binding document that outlines the terms and conditions of employment, including wages, benefits, working hours, and disciplinary procedures, among others. There can be different types of grievances based on the nature of the complaint or the alleged violation. Some common types of grievances in New Mexico pursuant to a union contract include: 1. Contract interpretation grievances: These grievances arise when there is a disagreement or dispute about the interpretation or application of specific provisions within the union contract. For example, if there is ambiguity regarding overtime pay or sick leave entitlement, a contract interpretation grievance may be filed. 2. Disciplinary grievances: When an employee believes that disciplinary actions, such as suspensions, demotions, or terminations, were unjust or unfair, they may file a disciplinary grievance to challenge the employer's decision. The union may argue that the disciplinary action was not in compliance with the contract or that the punishment was disproportionate. 3. Discrimination grievances: If an employee feels that they have been subjected to unfair treatment or discrimination based on race, gender, age, disability, or any other protected characteristic, they may file a discrimination grievance. The union will advocate on behalf of the employee to address the alleged discriminatory practices and seek appropriate remedies. 4. Health and safety grievances: In situations where employees believe that their working conditions pose a threat to their health or safety, they can file a health and safety grievance. The union may raise concerns about inadequate training, insufficient protective equipment, or hazardous work environments, with the goal of resolving these issues to ensure a safe workplace. When a grievance is filed, there is typically a series of steps that both the employee (through the union) and the employer must follow. These steps may include informal discussions, formal written complaints, meetings between the union representative and management, mediation, and finally, arbitration or litigation if the grievance cannot be resolved through earlier stages. The New Mexico Grievance Pursuant to a Union Contract is an important mechanism that allows workers to voice their concerns, protect their rights, and ensure that the terms of their union contract are upheld. It aims to resolve conflicts in a fair and equitable manner through negotiation, mediation, or arbitration, avoiding unnecessary disruption to the employment relationship.
