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.
An Alaska Grievance Pursuant to a Union Contract refers to a formal procedure established within a unionized work environment in Alaska for addressing disputes, violations, or disagreements between a union member and their employer regarding the interpretation, application, or violation of the terms and conditions outlined in the collective bargaining agreement (CBA). The grievance process is an essential component of labor relations and seeks to provide a fair and structured mechanism to resolve conflicts and ensure that the rights and benefits of unionized workers are upheld. It is specifically designed to offer employees a means to challenge any perceived injustices or breaches of contract committed by the employer. The Alaska grievance procedure typically follows a step-by-step approach as outlined in the CBA, promoting an organized and systematic resolution process. Depending on the specific contractual agreement, the procedure may consist of several stages, such as: 1. Informal Discussion: At the initial stage, the aggrieved employee communicates their concern or issue to their immediate supervisor or a designated representative, attempting to resolve the matter through informal discussion. 2. Formal Grievance Filing: If the issue remains unresolved or cannot be satisfactorily addressed informally, the employee, in consultation with their union representative, may choose to formally file a written grievance according to the outlined procedure and within the designated timeframe as stipulated by the CBA. It is crucial that the employee adheres to the filing requirements to ensure their grievance is considered valid and enforceable. 3. Grievance Investigation: Once the formal grievance is filed, the employer is typically obliged to investigate the matter thoroughly. The investigation may involve gathering evidence, interviewing witnesses, reviewing relevant documentation, and analyzing applicable contractual provisions or company policies. Both the employee's union representative and the designated company representative(s) overseeing the grievance process may actively participate in this stage. 4. Grievance Hearing: In cases where the dispute remains unresolved following the investigation, a grievance hearing may be scheduled. During this hearing, the employee, accompanied by their union representative, presents their case, providing evidence and witnesses to substantiate their grievance. The employer, represented by its designated representative, also has the opportunity to present its defense and arguments. The hearing may involve questioning witnesses and cross-examination to elucidate the facts and issues involved. 5. Arbitration: If the grievance remains unresolved after the hearing stage, the final resort is usually arbitration. The arbitration process involves referring the matter to a neutral third-party arbitrator who examines the details of the case and makes a binding decision. The arbitrator’s decision is typically based on evidence presented during the process, relevant contractual clauses, past practices, and industry standards. It's worth noting that the grievance process may differ between unions and workplaces. While the general framework described above is common, the specific procedure, timelines, and available remedies may vary based on the language and provisions included in the specific collective bargaining agreement. By engaging in an Alaska Grievance Pursuant to a Union Contract, employees and their representatives seek to ensure that workplace disputes are addressed fairly, equitably, and in line with the agreed-upon terms and conditions of their employment, ultimately promoting labor harmony and protecting the rights of union members.
