Utah Grievance Pursuant to a Union Contract

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Description

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.

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FAQ

The vast majority of union-employer contract disputes are resolved in a grievance procedure, and most of the rest are disposed of routinely through arbitration. Occasionally, a party will resist arbitration or will refuse to comply with an arbitrator's award.

Collective bargaining is the process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more.

Harassment, sexual harassment, discrimination, victimization, violence and many other kinds of offensive or inappropriate behavior qualify as unwelcome conduct. All of them will create a hostile work environment if they're happening consistently or purposefully, or in the case of a single incident, if they're severe.

Elements of a hostile work environment include:Discrimination based on religion, age, race, sex or disability.Intimidating environment.Offensive behavior.Physical or mental abuse.

An unfair labor practice is an action by an employer or a union that violates the National Labor Relations Act (NLRA). Examples of prohibited conduct by a union include: Restraining or coercing the employer or employees in exercising the rights provided by the NLRA.

Harassment, inappropriate sexual conduct, discrimination, violence victimization and many other kinds of offensive behavior is considered a hostile work environment. Happening consistently or purposefully, all of these things will create a hostile work environment.

The Legal Dictionary defines a hostile work environment as an unwelcome or offensive behavior in the workplace, which causes one or more employees to feel uncomfortable, scared, or intimidated in their place of employment.

Conciliation: the settlement of disputes over interests, disagreements over the termination of work relationships, or disputes between trade unions within one company only. It is done through deliberations mediated by one or more neutral conciliators.

Under Utah law, employees are entitled to certain leaves or time off, including jury duty and witness leave, voting leave, minor child court appearance leave, military leave and emergency responder leave. See Time Off and Leaves of Absence.

These laws prohibit all types of harassment because of race, color, religion, national origin, age, disability, gender, or sexual preference in the workplace, including conduct that is unwelcome, pervasive, demeaning, ridiculing, derisive, or coercive and results in a hostile, offensive, or intimidating work

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Utah Grievance Pursuant to a Union Contract