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.
Hawaii Grievance Pursuant to a Union Contract refers to the process through which disputes or complaints arising between an employee and their employer in Hawaii, specifically in relation to a union contract, are resolved. Grievance procedures are established by labor unions to protect workers' rights and ensure fair treatment within the workplace. In Hawaii, the process of filing a grievance typically follows a series of steps outlined in the union contract. These steps may include: 1. Informal discussion: Initially, the employee may try to resolve the issue through informal discussions with their supervisor or management. This step serves as an opportunity to address concerns and find a mutually agreeable solution. 2. Written grievance: If the issue remains unresolved after informal discussions, the employee may proceed to file a written grievance with their union representative or steward. The written grievance should include the nature of the complaint, relevant facts or evidence, individuals involved, and desired resolution. 3. Grievance meeting: Upon receiving the written grievance, the union representative will schedule a grievance meeting. This meeting may involve the employee, their representative, the employer, and the employer's representative. During the meeting, both parties present their arguments, evidence, and any witnesses or documents supporting their claims. 4. Arbitration: If the grievance remains unresolved after the grievance meeting, the parties may proceed to arbitration. Arbitration involves the appointment of an impartial third party (the arbitrator) to hear both sides of the dispute and make a binding decision. The arbitrator's decision is often based on evidence, testimonies, and the interpretation of the union contract. Regarding different types of Hawaii Grievance Pursuant to a Union Contract, these can vary depending on the specific issues or complaints raised. Common types of grievances may include: 1. Contract violation: When the employer violates specific terms and conditions stated in the union contract, such as wrongful termination, unfair discipline, or unpaid wages. 2. Discrimination: If the employee believes they have been subjected to discrimination based on factors like race, gender, age, or disability, they may file a grievance alleging such mistreatment. 3. Harassment: Grievances related to workplace harassment, including verbal, physical, or sexual harassment, can also be pursued through this process to seek resolution and justice. 4. Seniority rights: Employees may file grievances if they feel their seniority rights, such as layoffs, job assignments, promotions, or transfers, have been violated. Overall, Hawaii Grievance Pursuant to a Union Contract provides workers with a formal process to address workplace issues, ensuring compliance with collective bargaining agreements and maintaining a harmonious work environment.
