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 Massachusetts Grievance Pursuant to a Union Contract is a formal process outlined in collective bargaining agreements where employees who are members of a labor union can address and resolve workplace disputes with their employer. It is a mechanism put in place to ensure that both parties adhere to the terms and conditions stated in the union contract and maintain a harmonious working environment. Grievances can arise from various workplace issues, such as unfair treatment, violations of job classifications, disciplinary actions, wage disputes, work schedule changes, safety concerns, or alleged contract violations. These grievances can be filed by individual employees or the union on behalf of its members. The process typically begins with an employee filing a written grievance within a specified time frame, which is usually stated in the union contract. The written grievance must clearly and concisely outline the nature of the issue, reference the specific contract clause, and provide any supporting evidence. The grievance is then submitted to the designated union representative, who acts as the intermediary between the employee and the employer. Once the grievance is filed, it may go through a series of steps, which can vary based on the specific language in the union contract. These steps usually include: 1. Informal Resolution: The union representative meets with the employee and management to discuss and attempt to resolve the issue informally. This step aims to find a mutually agreeable solution without escalating the matter. 2. Formal Grievance: If the issue remains unresolved after the informal resolution, the grievance moves to the formal stage. The union representative submits a formal written grievance to the employer, detailing the steps taken during the informal resolution and requesting further actions or remedies. 3. Grievance Meeting: The union and employer representatives, along with the aggrieved employee, hold a meeting to discuss the grievance. During the meeting, both sides present their perspectives and arguments, providing any additional evidence or witnesses relevant to the case. 4. Grievance Decision: After the meeting, the employer reviews the information presented and makes a decision on the grievance. This decision is communicated in writing to the employee and union representative, specifying whether the grievance is upheld or denied. If upheld, the decision may include remedies, such as corrective actions, back pay, or reinstatement. 5. Arbitration or Mediation: If the employee or the union is dissatisfied with the employer's decision, they may opt to pursue arbitration or mediation. These external dispute-resolution methods involve the presence of a neutral third party who assesses the grievance and renders a final verdict or facilitates a settlement agreement. It is important to note that the specific steps and process for a Massachusetts Grievance Pursuant to a Union Contract can vary depending on the provisions outlined in the union contract itself. Different types of grievances can arise within this framework, including disciplinary grievances, wage-related grievances, discrimination grievances, health and safety grievances, contractual interpretation grievances, and more. Each type of grievance may have specific procedures and remedies specified in the union contract.
