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 Pennsylvania Grievance Pursuant to a Union Contract refers to the formal process outlined in a collective bargaining agreement (CBA) between a labor union and an employer in the state of Pennsylvania. It provides a structured mechanism for employees to address their concerns and disputes with the employer, ensuring fair treatment and protection of their rights under the CBA. The grievance process typically starts when an employee, or their union representative, files a written complaint, known as a grievance, with their immediate supervisor or designated management representative. The grievance must be submitted within a specified time frame, as outlined in the CBA, typically within a few days of the incident or action in question. The grievance may cover a wide range of workplace issues, including but not limited to disputes regarding wages, overtime, working conditions, disciplinary actions, promotions, transfers, and terminations. The CBA will outline the specific topics that can be addressed through the grievance process. Once the grievance is filed, the next step involves a series of meetings between the employee, their union representative, management representatives, and potentially a neutral third-party mediator or arbitrator. These meetings aim to resolve the grievance informally through negotiation and discussion. The CBA may also outline a specific timeline for each step of the process. If a resolution is not reached through informal discussions, the grievance may progress to formal arbitration. This entails presenting the grievance before a neutral arbitrator, who will hear evidence and arguments from both parties. The arbitrator's decision, also known as an arbitration award, will be binding and final. Different types of Pennsylvania Grievances Pursuant to a Union Contract can include: 1. Contract interpretation grievances: These arise when there is a dispute over the interpretation or application of specific provisions in the CBA, such as the wage scale or seniority rights. 2. Discipline grievances: These pertain to actions taken by the employer, such as suspensions or terminations, which the employee believes were unjust or violated the CBA. 3. Contract violation grievances: These arise when the employer fails to adhere to the terms and conditions outlined in the CBA, such as failing to provide a safe working environment or denying benefits. 4. Transfer or promotion grievances: These occur when an employee feels they were unfairly denied a transfer or promotion opportunity, in contravention of the CBA. The Pennsylvania Grievance Pursuant to a Union Contract provides employees with a structured process to address their concerns, ensuring that their rights are protected and allowing for fair resolution of disputes in the workplace.
