Virgin Islands 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

If you resign from union membership and stop paying dues, and your public employer has collective bargaining, the union would still be required to continue to represent you fairly and without discrimination in all matters subject to collective bargaining, and you could not be denied any benefits under the labor

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.

Regardless of where you live, the Supreme Court has ruled that you can resign union membership at any time. However, if you don't work in one of the right to work states discussed above, unions can still force you to pay fees similar to union dues (often called agency fees), even if you are not a union member.

When employees no longer want to be represented by a union or want to replace the union with a different one, they can vote to decertify the union. The process to decertify a union starts with filing an RD petition at the regional National Labor Relations Board (NLRB) office or electronically on the NLRB website.

Employers must give the union advance notice of any proposed workplace changes that involve these issues, if the union requests it. An employer who refuses to bargain or takes unilateral action in one of these mandatory bargaining areas commits an unfair labor practice.

In Pattern Makers v. NLRB, 473 U.S. 95 (1985), the United States Supreme Court held that union members have the right to resign their union membership at any time. Of course, the decision to resign is wholly yours.

Your union and employer must bargain in good faith about wages, hours, and other terms and conditions of employment until they agree on a labor contract or reach a stand-off or impasse. If negotiations reach an impasse, an employer can impose terms and conditions so long as it offered them to the union before impasse

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.

They must bargain in good faith for a successor contract, or for the termination of the agreement, while terms of the expired contract continue. A party wishing to end the contract must notify the other party in writing 60 days before the expiration date, or 60 days before the proposed termination.

After a tentative agreement is put together, it goes to local union members for ratification, which is by a majority vote. These votes take place at ratification meetings. If it is not ratified, the contract is renegotiated until it is. At times, a strike may ensue if the two parties are too far apart.

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Virgin Islands Grievance Pursuant to a Union Contract