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 Virginia Grievance Pursuant to a Union Contract is a formal complaint lodged by an employee or group of employees who are members of a labor union in the state of Virginia. It is filed against the employer when there is an alleged violation of the terms and conditions outlined in the union contract. Keywords: Virginia, grievance, union contract, formal complaint, employee, labor union, violation, terms and conditions. In the state of Virginia, employees who are part of a labor union have the right to file a grievance when they believe that their employer has violated any provision mentioned in their binding union contract. This contract is a legally enforceable agreement that outlines the rights, benefits, rules, and regulations that apply to the employees within the unionized workforce. A grievance pursuant to a union contract in Virginia serves as a mechanism for employees to express dissatisfaction or seek resolution when they believe that their employer has breached the terms and conditions of the union contract. Such grievances are typically related to issues like unfair treatment, inadequate compensation, unsafe working conditions, improper job assignments, unjust disciplinary actions, or any other violation that directly affects the employee's rights or working conditions within the scope of the union contract. To initiate a grievance pursuant to a union contract, the employee must follow a specific procedure outlined in the union contract itself. This procedure typically involves a formal written complaint submitted to the appropriate union representative or union steward within a specified timeframe after the alleged violation occurred. The written complaint should provide detailed information about the incident, including the specific contract provision that was violated, any related evidence or supporting documents, and the desired resolution sought by the employee. Once the grievance is filed, the union will typically assign a representative or committee to review the complaint and investigate the allegations. This representative or committee is responsible for gathering all relevant information, interviewing involved parties, and ensuring that the grievance process adheres to the procedures laid out in the union contract. Different types of Virginia Grievance Pursuant to a Union Contract may include: 1. Individual Grievance: Filed by an individual employee who believes their rights under the union contract have been violated. It addresses issues that are unique to an individual's circumstances. 2. Group Grievance: Filed by a group of employees who have collectively faced a violation of the union contract terms. Such grievances may arise from a common incident, policy, or practice affecting multiple employees. 3. Policy or Procedure Grievance: Pertains to challenges against an employer's policy or procedure that may be in violation of the union contract. These grievances often seek a correction or modification of an employer's policy or practice that unfavorably impacts multiple employees. 4. Contract Interpretation Grievance: This type of grievance challenges the interpretation or ambiguity related to a specific provision within the union contract. It seeks clarification and consistent application of the contract language. Throughout the grievance process, mediation and negotiation between the union and the employer may occur to achieve a resolution satisfactory to both parties. However, if the grievance is not successfully resolved at this stage, it may progress to arbitration, where a neutral third party will make a final decision on the matter, which is binding on both the employer and the union members. In summary, a Virginia Grievance Pursuant to a Union Contract is a formal complaint filed by unionized employees in Virginia against their employer for alleged violations of the terms and conditions outlined in their binding union contract. It serves as a mechanism for employees to seek resolution and protection of their rights within the scope of the contract, and may encompass various types of grievances, including individual, group, policy or procedure, and contract interpretation grievances.
