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.
Arizona Grievance Pursuant to a Union Contract refers to the processes and procedures put in place in the state of Arizona that allows unionized employees to seek redress for workplace issues or disputes through a formal grievance system, as outlined in their union contract. This system aims to provide a fair and structured approach to resolving conflicts between employees and their employers. Keywords: Arizona, grievance, union contract, workplace disputes, redress, formal process, conflict resolution, employees, employers. Under Arizona law, unions negotiate collective bargaining agreements (CBA) with employers to establish the terms and conditions of employment. These CBA typically include provisions that outline the grievance procedure, which governs the steps that an employee must follow when filing a complaint against their employer or addressing workplace concerns. The Arizona grievance process generally includes the following steps: 1. Informal Discussions: Before proceeding to the formal grievance procedure, employees are often encouraged to attempt resolving the matter through informal discussions with their immediate supervisor or human resources department. This step aims to resolve concerns at the lowest possible level and may involve dialogue, mediation, or other methods of informal resolution. 2. Step 1: Formal Grievance Filing: If the issue remains unresolved through informal discussions or if the matter is serious and requires immediate attention, the employee may file a formal grievance in writing with their employer. The grievance must be filed within a specified timeframe, as outlined in the union contract. 3. Investigation and Departmental Review: Upon receiving the formal grievance, the employer will conduct an investigation to gather relevant information, facts, and evidence related to the complaint. The employer may also review the grievance with relevant departments or individuals involved in the dispute. 4. Step 2: Grievance Hearing: If the grievance is not resolved satisfactorily during the departmental review, a formal hearing may be scheduled. This hearing typically includes the employee, their union representative, the employer's representative, and, if necessary, a neutral third party or arbitrator. During the hearing, both sides present their case and provide evidence to support their positions. 5. Arbitration or Mediation: If a resolution is not reached through the internal grievance hearing process, certain cases may proceed to arbitration or mediation. In arbitration, an impartial arbitrator examines the case and issues a final, binding decision. Mediation involves a neutral third party facilitating negotiations between the parties to reach a mutually acceptable resolution. 6. Appeal Process: In some cases, the union contract may provide for an appeal process if either party is dissatisfied with the outcome of the initial grievance hearing or arbitration. This allows for a review of the decision by a higher authority or appeals board within the organization. Types of Arizona Grievances Pursuant to a Union Contract can vary based on the nature of the dispute or violation. Some common types include: 1. Contractual Violations: These grievances may arise when an employer violates specific provisions of the union contract, such as those related to compensation, working hours, benefits, or seniority rights. 2. Standard of Conduct: Grievances related to harassment, discrimination, unsafe working conditions, or other violations of workplace policies and regulations may fall under this category. 3. Disciplinary Actions: Disputes arising from disciplinary actions, including suspensions, terminations, or other adverse employment actions, can be filed as grievances if they are seen as inconsistent with contractual provisions, employee rights, or established disciplinary procedures. 4. Work Assignment: Employees may grieve if they feel that they were unfairly denied work assignments, faced improper job transfers, or experienced issues with workload distribution. It is important to note that the specific types and procedures for Arizona Grievances Pursuant to a Union Contract can vary depending on the language and provisions outlined in the union contract negotiated by the respective union and employer.
