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 Louisiana Grievance Pursuant to a Union Contract refers to the process implemented within the state of Louisiana when an employee, who is a member of a union, has a complaint or dispute that arises from the terms and conditions outlined in their collective bargaining agreement or union contract. This mechanism allows the employee to challenge an alleged violation or misinterpretation of the contract by their employer. The Louisiana grievance process typically follows a specific procedure, involving several key steps. First, the employee, or the union representative on behalf of the employee, must file a written grievance with the employer or the designated representative within a specified time frame stated in the contract. The grievance should clearly outline the nature of the complaint, the violated contract provision, supporting evidence, and requested remedy. Upon receipt of the grievance, the employer is obligated to respond within a designated period, usually outlined in the contract. The employer might offer a resolution, request further information, or deny the grievance outright, providing reasons for their decision. If the employer fails to respond within the specified time frame, it might imply a violation of the contract, potentially strengthening the employee's case. If the grievance is not resolved at this initial stage, the next step typically involves escalating the matter to higher levels of management or even third-party mediation. The contract might specify a hierarchy of the parties involved in the resolution process, such as a shop steward, a department head, or a joint labor-management committee, to handle the grievance. Different types of Louisiana Grievance Pursuant to a Union Contract can arise depending on the nature of the alleged violation. Some common types may include: 1. Wage and Compensation Grievance: This type of grievance may arise when an employee believes they have been underpaid, denied a pay increase, or faced issues related to overtime, bonuses, or shift differentials as stipulated in the union contract. 2. Work Schedule Grievance: This grievance may be filed when an employee disputes unfair or improper scheduling practices that violate the contractual guidelines on working hours, rest periods, breaks, or shift assignments. 3. Disciplinary Grievance: This type of grievance arises when an employee challenges disciplinary actions, such as suspensions, terminations, or written warnings, claiming that they were unjustified or violated the due process outlined in the union contract. 4. Workplace Safety and Health Grievance: Employees may file this type of grievance if they believe their working conditions, safety procedures, or protective equipment do not comply with the occupational health and safety provisions within the union contract or state laws. 5. Contract Interpretation Grievance: In this case, the employee alleges a misinterpretation or misapplication of the union contract, suggesting that the employer's actions diverge from the agreed-upon terms in the agreement. It is essential for employees to be familiar with their specific union contract and the grievance procedure described therein. Adhering to the guidelines and timelines carefully can increase the chances of having their grievance fully addressed and potentially resolved in their favor.
