Louisiana Grievance Pursuant to a Union Contract

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Description

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.

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FAQ

Five Steps To Winning GrievancesListen carefully to the facts from the worker. Listening is a lot harder than most people realize.Test for a grievance. You already know the five tests for a grievance.Investigate thoroughly.Write the grievance.Present the grievance in a firm but polite manner.

Step 1: Understanding the options.Step 2: Raising a formal grievance.Step 3: Responding to a formal grievance.Step 4: The grievance meeting.Step 5: Deciding the outcome.Step 6: After the grievance procedure.

A grievance is an employee complaint that the employer violated the worker's rights under the law, pursuant to a contract, or as set forth in the employer's workplace policies and procedures. In a union workplace, a grievance generally involves the employer's breach of the terms of the collective bargaining agreement.

An unfair labor practice is an action by an employer or a union that violates the National Labor Relations Act (NLRA). Examples of prohibited conduct by a union include: Restraining or coercing the employer or employees in exercising the rights provided by the NLRA.

A grievance is essentially an employee complaint based on experiencing a real or perceived injustice in the workplace. If an employee believes that they're being treated inappropriately or have unfair work conditions, they can file a grievance against their employer.

Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination.

Labor unions generally have a strict procedure for filing grievances:The employee makes their complaint to a union representative or some other official.The union representative completes a form and then files this form with the union for review.The union files the form and any other relevant documents.More items...

A grievance procedure is a means of internal dispute resolution by which an employee may have his or her grievances addressed. Most collective bargaining agreements include procedures for filing and resolving grievances.

Your employer can't violate the law. Even if your contract is silent on a specific issue, you still have the right to grieve if the employer does something illegal. Let's say your contract doesn't speak to health and safety issues, but your boss orders you to do something that's clearly dangerous.

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Louisiana Grievance Pursuant to a Union Contract