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 New Jersey Grievance Pursuant to a Union Contract refers to a formal procedure established within a union contract to resolve workplace grievances or disputes in the state of New Jersey. This process provides an avenue for employees covered by a collective bargaining agreement to seek resolution for alleged violations of the terms and conditions of their employment. The purpose of filing a grievance is to address concerns and resolve disputes related to various employment issues, such as unfair treatment, disciplinary actions, violations of work rules, discrimination, breach of contract, unsafe working conditions, or improper application of company policies. By utilizing this contractual procedure, employees have the opportunity to challenge perceived injustices and reach satisfactory resolutions. The New Jersey grievance procedure typically involves several steps, which may include: 1. Initial Discussion: The employee with a grievance should first raise the issue with their immediate supervisor or designated representative within a specified timeframe mentioned in the contract. This step aims to address and resolve the concern informally. 2. Written Complaint: If the issue remains unresolved after the initial discussion, the employee can formally file a written complaint with the appropriate union representative or the designated individual specified in the contract. The complaint should provide details of the incident, alleged violation, and desired outcome. 3. Grievance Hearing: Upon receipt of the written complaint, the union representative will schedule a grievance hearing. During this hearing, the employee (along with their chosen union representative) or their union representative solely will present their case to a designated panel or member(s) authorized to hear grievances. The employer may also have the opportunity to present their defense or counter-arguments. 4. Arbitration: If the grievance remains unresolved at the hearing stage or if the involved parties cannot reach a mutually satisfactory resolution, the case may proceed to arbitration. Arbitration involves a neutral third party, often an outside arbitrator, who listens to both sides of the dispute and makes a binding decision. The decision reached by the arbitrator is typically final and legally enforceable. It is worth mentioning that there may be different types of grievances based on the nature of the alleged violation or concern. While the specific terminology and categorization may vary between different union contracts, some common types of grievances include: 1. Contract Interpretation: A dispute arising from the interpretation or understanding of specific terms or provisions within the union contract. 2. Discipline: Grievances related to disciplinary actions taken against an employee, including suspensions, demotions, or terminations that the employee believes were unjust or violated procedural guidelines. 3. Seniority: Issues surrounding the application or violations of seniority rights and benefits, particularly placing undue preference on less senior employees. 4. Harassment or Discrimination: Grievances involving allegations of harassment, discrimination, or unfair treatment based on protected characteristics (e.g., race, gender, religion) in violation of applicable anti-discrimination laws. 5. Work Assignments or Schedules: Complaints regarding unfair or improper work assignments, overtime distribution, shift changes, or deviations from agreed-upon schedules. It is essential for individuals considering filing a grievance to refer to their specific union contract for detailed guidance regarding the grievance procedure, timelines, and other relevant information. Consulting with a union representative or seeking legal advice can also provide valuable assistance throughout the process.
