Massachusetts 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

Not only are collective agreements presumed not to be intended to be legally enforceable unless they are in writing and contain a provision to that effect, but provisions exist that the same shall apply to any part(s) of such agreement.

Conciliation: the settlement of disputes over interests, disagreements over the termination of work relationships, or disputes between trade unions within one company only. It is done through deliberations mediated by one or more neutral conciliators.

In what ways did employers try to stop the formation of unions? They required workers to sign contracts to not form unions, they hired detectives to point out union leaders, they used blacklists, and they used lockouts.

Employers must give the union advance notice of any proposed workplace changes that involve these issues, if the union requests it. An employer who refuses to bargain or takes unilateral action in one of these mandatory bargaining areas commits an unfair labor practice.

A) Union salting B) Featherbedding C) Decertification D) Collective bargaining C Explanation: C) The same law that grants employees the right to unionize also gives them a way to terminate legally their union's right to represent them. The process is called decertification.

Employees may apply to the Labour Board for a vote to terminate a union's right to represent them. Such applications may be made only during very specific time periods. The most common of these time periods are: during the last two months before a Collective Agreement is to expire, and.

Collective bargaining is the process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more.

The vast majority of union-employer contract disputes are resolved in a grievance procedure, and most of the rest are disposed of routinely through arbitration. Occasionally, a party will resist arbitration or will refuse to comply with an arbitrator's award.

When employees no longer want to be represented by a union or want to replace the union with a different one, they can vote to decertify the union. The process to decertify a union starts with filing an RD petition at the regional National Labor Relations Board (NLRB) office or electronically on the NLRB website.

What can employees do to legally terminate the union's right to represent them? Hold a decertification election. What is surface bargaining? Items in collective bargaining that a party must bargain over if they are introduced by the other party are known as bargaining items.

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Massachusetts Grievance Pursuant to a Union Contract