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 Nevada Grievance Pursuant to a Union Contract refers to the process by which an employee, who is a member of a labor union, can raise a complaint or dispute regarding a violation, misinterpretation, or breach of their employment contract with their employer in the state of Nevada. This process is governed by relevant labor laws and the terms outlined in the union's collective bargaining agreement (CBA). There are different types of Nevada Grievances Pursuant to a Union Contract that can be filed, based on the nature of the complaint: 1. Contractual Violations: These grievances involve situations where the employer has directly violated the terms and conditions of the employment contract. Examples include failure to provide promised wages, benefits, working hours, leave entitlements, or appropriate working conditions. 2. Discrimination and Harassment: These grievances relate to incidents where the employee feels they have been subjected to unfair treatment, discrimination, or harassment in the workplace based on protected characteristics, such as race, gender, age, disability, religion, or national origin. These grievances are typically supported by evidence of discriminatory actions or hostile work environment. 3. Wrongful Termination: If an employee believes they have been terminated without just cause or in violation of their employment agreement, they can file a grievance alleging wrongful termination. This may include situations where the termination was based on retaliation, whistleblowing, or other protected activities. 4. Disputes over Seniority or Promotions: These grievances arise when an employee contends that their union seniority rights or promotion opportunities have been violated by the employer. Such disputes may involve challenges to unfair promotion processes, bypassing qualified individuals, or lack of adherence to seniority-based policies. 5. Disciplinary Actions: Any grievances related to disciplinary actions taken by the employer against an employee, such as suspensions, demotions, or significant changes in job status, can be raised through the grievance procedure. This includes cases where an employee believes the disciplinary action was unjust, excessive, or not in line with the employment contract or CBA. The grievance process typically involves the following steps: filing a written grievance complaint with the designated representative or department within the union, allowing for internal investigation and discussions with the employer, potential mediation or arbitration, and ultimately, a resolution or decision. The process ensures that both parties have an opportunity to present their case and reach a fair outcome. Overall, a Nevada Grievance Pursuant to a Union Contract provides a structured and formal avenue for employees to seek resolution and address workplace issues under the protection of their labor union and specific contractual rights.
