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 South Dakota Grievance Pursuant to a Union Contract refers to the process by which a worker or group of workers, who are part of a labor union, can raise complaints or disputes against their employer, based on alleged violations of their contractual rights. The grievance process is governed by the terms outlined in the union contract or collective bargaining agreement (CBA) that exists between the union and the employer. In South Dakota, like in other states, a grievance can be filed when a worker believes that the employer has acted in a manner that contravenes the provisions of the union contract. Grievances can range from issues related to wages, hours, working conditions, benefits, promotions, seniority, or any other provisions that are covered in the union contract. The specific steps and procedures for filing a South Dakota Grievance Pursuant to a Union Contract can vary depending on the terms outlined in the union contract. However, they generally include the following: 1. Informal Discussion: The employee is encouraged to first attempt an informal discussion with their immediate supervisor or relevant managerial personnel to address the issue and seek a resolution. This step is often referred to as "Step 1" of the grievance process. 2. Formal Grievance Filing: If the informal discussion fails to resolve the issue, the employee can proceed to file a formal grievance. This typically involves submitting a written complaint to the union, specifying the nature of the grievance, relevant facts, and any supporting evidence. This is usually known as "Step 2" of the process. 3. Grievance Meeting: The union and employer will then typically schedule a meeting, often referred to as a "grievance hearing" or "Step 3," where both parties have the opportunity to present their arguments, evidence, and witnesses to support their respective positions. The meeting may include representatives from both the union and the employer, as well as the aggrieved employee. 4. Grievance Decision: Following the meeting, the union and employer will evaluate the evidence and arguments presented and make a decision regarding the grievance. This decision may be communicated orally or in writing, typically outlining whether the grievance is sustained or denied, along with any remedies or actions that should be taken. In South Dakota, the specific types of grievances that can be pursued under a union contract can vary depending on the provisions outlined in the agreement. Some common types of grievances may include contract interpretation disputes, disciplinary actions, unjust termination, and breach of various labor rights guaranteed under the contract. Overall, a South Dakota Grievance Pursuant to a Union Contract provides a formal mechanism for workers to address and resolve disputes arising from the interpretation or violation of their employment contract through a structured process that involves negotiation, hearings, and ultimately, a final decision.
