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 Kentucky Grievance Pursuant to a Union Contract refers to a formal procedure that allows unionized employees in Kentucky to raise complaints or disputes related to their employment agreement, collectively bargained in a union contract. This process ensures that workers have a platform to address any violations, misinterpretations, or disagreements regarding the terms and conditions outlined in their contract. The first step in filing a Kentucky Grievance Pursuant to a Union Contract typically involves the employee or a union representative formally reporting the issue to the employer's designated representative, such as a supervisor or human resources department. The grievance must be submitted within a predetermined timeframe, as specified in the union contract, to ensure timeliness. After receiving the grievance, the designated representative and the union representative engage in discussions or negotiations to resolve the issue. This informal stage aims to reach a mutually agreed-upon resolution that rectifies the situation. If the issue remains unresolved, it progresses to the next formal step. The second step often involves the grievance, along with their union representative, formally presenting the complaint to the next level of management, such as a department head or an appropriate executive within the organization. This stage may include a more structured meeting, wherein both parties present their arguments, evidence, and potential solutions. If the grievance remains unresolved, despite the previous steps, it may escalate to arbitration. Arbitration entails presenting the grievance before a neutral third-party arbitrator or a panel of arbitrators. This independent individual(s) evaluates the facts, evidence, and arguments presented by both the employee and the employer. Following an in-depth examination, the arbitrator(s) issue a binding decision, typically referred to as an arbitration award, which provides a final resolution to the dispute. It's essential to note that different types or levels of grievances may exist within the Kentucky Grievance Pursuant to a Union Contract process. These can include: 1. Individual Grievances: These pertain to a complaint made by an individual employee regarding their rights, treatment, or interpretation of specific contract provisions that solely affect them. 2. Group Grievances: These grievances represent issues that impact a group of employees, usually brought forward by a union representative on behalf of multiple workers. Group grievances often involve matters that affect a group's fundamental working conditions or employment terms. 3. Systemic Grievances: This type of grievance addresses underlying systemic problems, such as company policies or practices, that affect multiple employees across different departments or job positions. Systemic grievances seek remedies to resolve widespread issues rather than focusing on individual or group complaints. In summary, a Kentucky Grievance Pursuant to a Union Contract is the formal process by which unionized employees in Kentucky can address and resolve employment-related disputes, ensuring that both individual and collective rights are protected. It includes various steps, from initial informal discussions to arbitration, if necessary. Understanding the different types of grievances can help employees and unions appropriately address a broad range of concerns within the context of their union contract.
