Middlesex Massachusetts Grievance Pursuant to a Union Contract

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State:
Multi-State
County:
Middlesex
Control #:
US-00409BG
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Word; 
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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

It is the position that collective agreements (UK) aren't legally binding, unless the agreement itself is in writing and says that the parties intend it to be legally enforceable.

A contract of employment is a legally binding agreement between you and your employer. A breach of that contract happens when either you or your employer breaks one of the terms, for example your employer doesn't pay your wages, or you don't work the agreed hours. Not all the terms of a contract are written down.

An employer and a union are required to negotiate any subject that relates to wages, benefits or other terms and conditions of employment. As a result, both parties must discuss and reach an agreement on each of those terms. If the parties are unable to reach an amicable agreement, then negotiations may reach impasse.

When the employer and union reach a deadlock in the negotiations over mandatory subjects of bargaining, it is referred to as impasse. When impasse is reached, the duty to negotiate is suspended and an employer is permitted to unilaterally implement the terms of its final proposal.

When the employer and union reach a deadlock in the negotiations over mandatory subjects of bargaining, it is referred to as impasse. When impasse is reached, the duty to negotiate is suspended and an employer is permitted to unilaterally implement the terms of its final proposal.

A union contract is a written agreement between the employer and the employees that details the terms and benefits in a clear and legally-binding way (more on the value of contracts here).

Employers and employment agencies must not treat you unfairly because you decide to join, decide to leave, refuse to leave or refuse to join a trade union. If they do, you may be able to make a complaint to an industrial tribunal.

Can they still change my contract? An employee doesn't have to be a member of a trade union to agree changes for them, as long as the collective agreement says that the trade union can agree to the change and this is incorporated into your contract (either written in or implied).

A union must bargain in good faith on behalf of employees it represents, and it is unlawful for a union to fail to do so. Examples of failing to do so include insisting to impasse on a nonmandatory subject of bargaining, or reaching a collective-bargaining agreement with an employer but then refusing to sign it.

The National Labor Relations Act requires a duly elected union and an employer to meet and negotiate over wages, hours, and other employment terms, as well as to negotiate over issues that may arise under an existing CBA. The two sides don't have to reach an agreement, but they always have to bargain in good faith.

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Middlesex Massachusetts Grievance Pursuant to a Union Contract