West Virginia Grievance Pursuant to a Union Contract

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US-00409BG
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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

Five Steps To Winning GrievancesListen carefully to the facts from the worker. Listening is a lot harder than most people realize.Test for a grievance. You already know the five tests for a grievance.Investigate thoroughly.Write the grievance.Present the grievance in a firm but polite manner.

6. Questions to Ask at a Grievance MeetingDo you understand that this meeting is being held under our formal grievance policy and procedure?Have you provided copies of documents or information we may be referring to?Have you been given access to or provided with a copy of the Company's grievance procedure?More items...

A grievance is essentially an employee complaint based on experiencing a real or perceived injustice in the workplace. If an employee believes that they're being treated inappropriately or have unfair work conditions, they can file a grievance against their employer.

Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination.

The five-step grievance handling procedureStep 1 Informal approach. Wherever possible an employer should make an initial attempt to resolve a grievance informally.Step 2 A formal meeting with the employee.Step 3 Grievance investigation.Step 4 - Grievance outcome.Step 5 Grievance appeal.

They should give the person who raised the grievance the chance to:explain their side.express how they feel they might need to 'let off steam', particularly if the grievance is serious or has lasted a long time.ask questions.show evidence.provide details of any witnesses the employer should contact.

Five Steps To Winning GrievancesListen carefully to the facts from the worker. Listening is a lot harder than most people realize.Test for a grievance. You already know the five tests for a grievance.Investigate thoroughly.Write the grievance.Present the grievance in a firm but polite manner.

If the parties are unable to resolve the grievance after the Step 2 meeting, the union can advance the grievance to an Adjustment Board (Step 3) by submitting a written request to Employee & Labor Relations or the Human Resources Director within the timeframe prescribed in the applicable MOU.

A grievance is an employee complaint that the employer violated the worker's rights under the law, pursuant to a contract, or as set forth in the employer's workplace policies and procedures. In a union workplace, a grievance generally involves the employer's breach of the terms of the collective bargaining agreement.

Labor unions generally have a strict procedure for filing grievances: The employee makes their complaint to a union representative or some other official. The union representative completes a form and then files this form with the union for review. The union files the form and any other relevant documents.

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West Virginia Grievance Pursuant to a Union Contract