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.
An Oregon Grievance Pursuant to a Union Contract refers to the formal process established within a unionized workplace for employees to address a complaint or dispute related to the interpretation, application, or violation of the collective bargaining agreement (CBA) or any other labor-related contractual agreements. This process provides an avenue for employees and their representatives to seek resolution and justice for perceived injustices or mistreatment by the employer. Keywords: 1. Oregon: Refers to the U.S. state of Oregon, where the grievance process is applicable as per the state's labor laws and regulations. 2. Grievance: An employee's formal complaint or discontent arising from a violation, misinterpretation, or unfair application of the collective bargaining agreement or any other contractual agreements. 3. Pursuant: In accordance with or following. Denotes that the grievance process is initiated based on the terms and provisions outlined in the union contract. 4. Union Contract: A legally binding agreement between a union and an employer that outlines the terms and conditions of employment, including wages, benefits, working hours, and dispute resolution mechanisms. 5. Relevant: Pertinent to the specific matter at hand, ensuring that the description aligns with the grievance process in Oregon and doesn't deviate from the context. Different types of Oregon Grievance Pursuant to a Union Contract: 1. Contract Interpretation: A grievance filed when there is a dispute regarding the correct interpretation or application of the terms outlined in the union contract. This could include disagreements over wages, benefits, seniority, work assignments, or any other provision in the CBA. 2. Contract Violation: A grievance filed when there is evidence of an employer's violation or disregard for the terms and conditions outlined in the union contract. This may involve cases of wrongful termination, harassment, unsafe working conditions, or any other breach of contractual obligations. 3. Discrimination: A grievance challenging discriminatory actions or practices by the employer, such as discrimination based on race, gender, age, disability, or any other protected characteristic. This type of grievance would involve the violation of both the union contract and relevant state and federal anti-discrimination laws. 4. Retaliation: A grievance alleging that an employer has taken adverse actions against an employee in response to the employee's exercise of their rights guaranteed by the union contract. This includes situations where an employee has filed a grievance or engaged in union activities, and the employer seeks to punish or intimidate them in retaliation. 5. Past Practice: A grievance arising from the employer's failure to follow established past practices that are traditionally recognized as being part of the employment relationship but are not explicitly outlined in the union contract. This type of grievance seeks to enforce long-standing practices that have become an implied term of the collective bargaining agreement. These are examples of grievances pursueable under an Oregon Grievance Pursuant to a Union Contract, but the specific types may vary based on the provisions outlined in the union contract and the applicable labor laws in the state.
