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 Missouri Grievance Pursuant to a Union Contract is a formal procedure established under the Missouri labor laws that allow employees who are members of a union to file complaints or grievances against their employer for alleged violations of their union contract. This process provides a mechanism for resolving disputes between the employer and the employee or the union representing the employee. The purpose of filing a grievance is to address any perceived injustice or violation of rights outlined in the collective bargaining agreement. It allows employees to voice their concerns and seek resolution in a structured and fair manner. Grievances can arise from various issues such as contract violations, disciplinary actions, wages and compensation issues, workplace policies, unfair treatment, or any other matter that affects the terms and conditions of employment. When a grievance is filed, it initiates a step-by-step resolution process specified in the union contract. The process typically involves the following stages: 1. Informal Discussion: The employee or their union representative may start by discussing the issue with the immediate supervisor or the human resources department. This step allows for possible resolution and may not require formal documentation. 2. Formal Grievance Filing: If the issue remains unresolved, the grievance or their union representative must submit a written formal grievance to the employer or the designated management representative. The grievance should clearly outline the nature of the complaint, reference the specific contract clauses violated, provide supporting evidence, and propose a desired resolution. 3. Grievance Review: The employer, upon receiving the written grievance, will review the complaint. This may involve investigating the allegations, gathering relevant information, and consulting with relevant parties involved. 4. Grievance Hearing: If the grievance is not resolved during the review process, a formal grievance hearing will be scheduled. During the hearing, the aggrieved employee, their union representative, and the employer's representatives will present their respective cases. The hearing may include presenting evidence, witness testimonies, and arguments. 5. Arbitration: If a resolution is not achieved in the grievance hearing, the final step may involve submitting the grievance to an impartial third-party arbitrator. The arbitrator will independently review the case, consider the facts presented, and render a binding decision that both the employer and employee must abide by. It is important to note that the exact process and terminology may vary based on the specific union contract in place. Additionally, Missouri may have specific labor laws that influence the grievance process. Various types of grievances can be filed, ranging from contract interpretation grievances to disciplinary grievances, promotion grievances, or grievances related to seniority rights.
