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.
In Arkansas, a Grievance Pursuant to a Union Contract refers to a formal process that allows unionized employees to address and resolve issues or disputes arising in their workplace, in accordance with the terms and conditions stipulated in a collective bargaining agreement (CBA). This article explores the different types of Arkansas Grievance Pursuant to a Union Contract and provides a detailed description of the process. A grievance is typically defined as a complaint, disagreement, or claim related to a violation, misinterpretation, or improper application of the provisions outlined in a union contract. It can encompass a wide range of issues, such as unfair treatment, disciplinary actions, disputes over wages or benefits, inappropriate working conditions, or any breach of the agreed-upon terms. The process for filing a grievance in Arkansas generally begins with the aggrieved employee or their representative submitting a written complaint to the appropriate management personnel or designated grievance representative. This complaint should clearly outline the nature of the grievance, provide supporting evidence, and identify the specific provisions of the CBA that have allegedly been violated. Once the written complaint is received, the company or employer is usually required to acknowledge receipt and initiate an investigation into the matter. In certain cases, a meeting between the aggrieved employee, their representative, and management may be scheduled to discuss the issue informally before proceeding with a formal grievance. If the resolution cannot be reached through informal discussions, the next step typically involves escalating the grievance to the next level. This might involve presenting the complaint to higher-level management, a joint labor-management committee, or a grievance review board, as specified in the union contract. These higher-level authorities will thoroughly assess the grievance, review the evidence, and make a determination based on the provisions outlined in the CBA. In some cases, if the grievance remains unresolved at this stage, parties may resort to mediation, arbitration, or other alternative dispute resolution methods, as outlined in the union contract. Mediation involves a neutral third party facilitating negotiations between the parties involved, while arbitration usually entails both parties presenting their case before an impartial arbitrator who then renders a binding decision. Different types of Arkansas Grievances Pursuant to a Union Contract may include procedural grievances, which pertain to violations of the prescribed practices or procedures outlined in the CBA, or substantive grievances, which involve allegations of violations related to the interpretation or application of specific provisions within the agreement. Other types of grievances may include contractual disagreements, wrongful terminations, or breaches of health and safety regulations, among others. In summary, an Arkansas Grievance Pursuant to a Union Contract is a formal process within a unionized workplace that enables employees or their representatives to address and resolve disputes by filing written complaints outlining alleged violations of the terms and conditions specified in their collective bargaining agreement. The grievance process typically involves submitting a written complaint, engaging in formal investigations and discussions, escalating the grievance to higher-level authorities as necessary, and potentially resorting to mediation or arbitration if a resolution cannot be reached earlier.
