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 Colorado Grievance Pursuant to a Union Contract refers to the formal process through which employees covered by a union contract can address complaints or disputes with their employer. The process is governed by the terms and provisions outlined in the collective bargaining agreement (CBA) between the union and the employer. The grievance procedure begins when an employee believes that a violation of their rights, benefits, or working conditions has occurred. The employee, or their union representative, can initiate the grievance by submitting a written complaint to the employer's designated representative or management. This complaint should clearly state the issue, point out the specific contractual provisions being violated, and provide relevant evidence and supporting documentation. There are typically several steps involved in the grievance process, which may vary depending on the specific collective bargaining agreement. These steps are designed to provide a structured and fair resolution procedure. The following are common stages found in many grievance processes: 1. Informal resolution attempts: Before filing a formal grievance, the employee or their representative may attempt to resolve the issue through informal discussions with the employer's management, human resources, or other relevant parties involved. This step aims to reach a resolution without resorting to formal procedures. 2. Formal grievance submission: If an issue cannot be resolved informally, the employee or their representative can submit a formal written grievance to the employer. This initiates the formal grievance procedure outlined in the CBA. It is crucial to adhere to any specified timelines or deadlines for grievance submission. 3. Grievance meeting/hearing: Upon receiving the written grievance, the employer will arrange a meeting or hearing to discuss the complaint. The grievance may be presented by the employee or their representative, and the employer will respond to the allegations put forth. 4. Arbitration or mediation: If the grievance is not resolved at the initial meeting or hearing, the CBA may provide for additional steps, such as arbitration or mediation. In arbitration, an impartial third party (arbitrator) hears both sides and makes a binding decision. Mediation involves a neutral mediator facilitating discussions between the parties to reach a mutually agreeable solution. 5. Final resolution: After all applicable steps, a final decision or resolution is reached. The decision may uphold or dismiss the grievance, provide remedies or corrective actions, or any other appropriate resolution based on the circumstances. The decision may be legally binding depending on the terms of the CBA and applicable labor laws. Different types of Colorado Grievance Pursuant to a Union Contract may include grievances related to unfair treatment, disciplinary actions, work assignments, promotions, wages, benefits, health and safety concerns, or any other violation of the collective bargaining agreement. The specific types of grievances will depend on the provisions outlined in the CBA between the union and the employer. It is essential for employees and unions alike to familiarize themselves with the specific processes and procedures outlined in their respective collective bargaining agreements, as they may slightly differ from one workplace to another. Additionally, it is crucial to comply with any timelines or deadlines stated in the CBA to ensure the timely resolution of grievances.A Colorado Grievance Pursuant to a Union Contract refers to the formal process through which employees covered by a union contract can address complaints or disputes with their employer. The process is governed by the terms and provisions outlined in the collective bargaining agreement (CBA) between the union and the employer. The grievance procedure begins when an employee believes that a violation of their rights, benefits, or working conditions has occurred. The employee, or their union representative, can initiate the grievance by submitting a written complaint to the employer's designated representative or management. This complaint should clearly state the issue, point out the specific contractual provisions being violated, and provide relevant evidence and supporting documentation. There are typically several steps involved in the grievance process, which may vary depending on the specific collective bargaining agreement. These steps are designed to provide a structured and fair resolution procedure. The following are common stages found in many grievance processes: 1. Informal resolution attempts: Before filing a formal grievance, the employee or their representative may attempt to resolve the issue through informal discussions with the employer's management, human resources, or other relevant parties involved. This step aims to reach a resolution without resorting to formal procedures. 2. Formal grievance submission: If an issue cannot be resolved informally, the employee or their representative can submit a formal written grievance to the employer. This initiates the formal grievance procedure outlined in the CBA. It is crucial to adhere to any specified timelines or deadlines for grievance submission. 3. Grievance meeting/hearing: Upon receiving the written grievance, the employer will arrange a meeting or hearing to discuss the complaint. The grievance may be presented by the employee or their representative, and the employer will respond to the allegations put forth. 4. Arbitration or mediation: If the grievance is not resolved at the initial meeting or hearing, the CBA may provide for additional steps, such as arbitration or mediation. In arbitration, an impartial third party (arbitrator) hears both sides and makes a binding decision. Mediation involves a neutral mediator facilitating discussions between the parties to reach a mutually agreeable solution. 5. Final resolution: After all applicable steps, a final decision or resolution is reached. The decision may uphold or dismiss the grievance, provide remedies or corrective actions, or any other appropriate resolution based on the circumstances. The decision may be legally binding depending on the terms of the CBA and applicable labor laws. Different types of Colorado Grievance Pursuant to a Union Contract may include grievances related to unfair treatment, disciplinary actions, work assignments, promotions, wages, benefits, health and safety concerns, or any other violation of the collective bargaining agreement. The specific types of grievances will depend on the provisions outlined in the CBA between the union and the employer. It is essential for employees and unions alike to familiarize themselves with the specific processes and procedures outlined in their respective collective bargaining agreements, as they may slightly differ from one workplace to another. Additionally, it is crucial to comply with any timelines or deadlines stated in the CBA to ensure the timely resolution of grievances.
