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 San Jose California Grievance Pursuant to a Union Contract is a formal process that allows employees who are members of a labor union to address workplace issues or disputes with their employer. This process is designed to ensure that the rights and working conditions outlined in the union contract are upheld and respected. In San Jose, California, there are a few types of grievances that can be pursued under a union contract. These include: 1. Contract Interpretation Grievance: This type of grievance is filed when there is a disagreement or confusion between the union and management regarding the interpretation of specific terms or clauses in the collective bargaining agreement. It typically focuses on clarifying the intent and application of contractual language. 2. Contract Compliance Grievance: If an employer violates any provision or requirement outlined in the union contract, such as pay rates, benefits, working conditions, or seniority rights, employees can file a contract compliance grievance. This grievance aims to hold the employer accountable for their contractual obligations. 3. Discrimination or Harassment Grievance: If an employee believes they have been subjected to any form of discrimination or harassment in the workplace, they can file a grievance under the union contract. This type of grievance could involve issues related to gender, race, age, religion, disability, or any other protected characteristic. 4. Disciplinary Action Grievance: When an employer takes disciplinary action, such as suspension or termination, against an employee, and the employee feels it was unjust or excessive, they can file a disciplinary action grievance. This process allows the union to challenge the employer's decision and seek a fair resolution. 5. Health and Safety Grievance: If an employee encounters unsafe working conditions or believes that the employer is not providing adequate health and safety measures, they can file a health and safety grievance. This grievance aims to ensure that the employer adheres to all applicable regulations and takes necessary steps to create a safe working environment. To pursue a San Jose California Grievance Pursuant to a Union Contract, employees typically must follow a predetermined grievance procedure outlined in their collective bargaining agreement. This usually involves filing a written complaint within a specified timeframe, attending meetings with management representatives, and potentially engaging in mediation or arbitration if the issue remains unresolved. The ultimate goal of this process is to achieve a fair resolution that upholds the rights and well-being of the union employees involved.A San Jose California Grievance Pursuant to a Union Contract is a formal process that allows employees who are members of a labor union to address workplace issues or disputes with their employer. This process is designed to ensure that the rights and working conditions outlined in the union contract are upheld and respected. In San Jose, California, there are a few types of grievances that can be pursued under a union contract. These include: 1. Contract Interpretation Grievance: This type of grievance is filed when there is a disagreement or confusion between the union and management regarding the interpretation of specific terms or clauses in the collective bargaining agreement. It typically focuses on clarifying the intent and application of contractual language. 2. Contract Compliance Grievance: If an employer violates any provision or requirement outlined in the union contract, such as pay rates, benefits, working conditions, or seniority rights, employees can file a contract compliance grievance. This grievance aims to hold the employer accountable for their contractual obligations. 3. Discrimination or Harassment Grievance: If an employee believes they have been subjected to any form of discrimination or harassment in the workplace, they can file a grievance under the union contract. This type of grievance could involve issues related to gender, race, age, religion, disability, or any other protected characteristic. 4. Disciplinary Action Grievance: When an employer takes disciplinary action, such as suspension or termination, against an employee, and the employee feels it was unjust or excessive, they can file a disciplinary action grievance. This process allows the union to challenge the employer's decision and seek a fair resolution. 5. Health and Safety Grievance: If an employee encounters unsafe working conditions or believes that the employer is not providing adequate health and safety measures, they can file a health and safety grievance. This grievance aims to ensure that the employer adheres to all applicable regulations and takes necessary steps to create a safe working environment. To pursue a San Jose California Grievance Pursuant to a Union Contract, employees typically must follow a predetermined grievance procedure outlined in their collective bargaining agreement. This usually involves filing a written complaint within a specified timeframe, attending meetings with management representatives, and potentially engaging in mediation or arbitration if the issue remains unresolved. The ultimate goal of this process is to achieve a fair resolution that upholds the rights and well-being of the union employees involved.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
