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 Maine Grievance Pursuant to a Union Contract refers to the process through which an employee, represented by a union, raises a complaint or dispute regarding their employment conditions, rights, or contractual obligations. This process is governed by the collective bargaining agreement (CBA) between the union and the employer. In Maine, various types of grievances can be pursued under a union contract, including but not limited to: 1. Discipline or Termination Grievances: When an employee feels that disciplinary action or termination imposed by the employer is unfair, unjust, or in violation of the contract, they may file a grievance. This could involve allegations of improper procedures, lack of just cause, or inconsistent application of disciplinary measures. 2. Contract Interpretation Grievances: These disputes arise when there is ambiguity or disagreement about the meaning or application of certain provisions in the collective bargaining agreement. Employees may raise grievances to seek clarification or assert their rights under specific contractual terms. 3. Seniority or Promotional Grievances: In cases where an individual believes that their seniority rights have been violated or that they were denied a rightful promotion, they can initiate a grievance to challenge these actions and seek appropriate remedies. 4. Wage or Benefit Grievances: If an employer fails to comply with the agreed-upon wage rates, overtime, holiday pay, or benefit provisions outlined in the contract, employees can file a grievance seeking compensation for the alleged violations. 5. Health and Safety Grievances: These grievances pertain to concerns related to occupational health and safety issues. Employees who believe that the employer has neglected safety measures, failed to provide proper equipment, or created hazardous working conditions may file a grievance seeking corrective actions. The grievance process typically involves several steps, which may vary depending on the specific contract and union policies. It often begins with the employee or their union representative presenting the complaint to the immediate supervisor or department head. If the issue remains unresolved, it can progress to higher-level management, labor relations representatives, or a designated grievance committee. Throughout the grievance procedure, the involved parties engage in negotiations, discussions, and sometimes mediation, in an attempt to reach a satisfactory resolution. If a settlement cannot be achieved, the dispute might proceed to arbitration, where a neutral third party will hear the case and make a binding decision. Keywords: Maine, Grievance Pursuant to a Union Contract, employee rights, collective bargaining agreement, discipline grievances, termination grievances, contract interpretation grievances, seniority grievances, promotional grievances, wage grievances, benefit grievances, health and safety grievances, grievance process, arbitration.
