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 York Grievance Pursuant to a Union Contract refers to the formal process followed by employees represented by a union in New York State to resolve workplace disputes or alleged violations of their rights and obligations under the collective bargaining agreement (CBA). This mechanism aims to provide a fair and systematic approach to address concerns or complaints related to wages, hours, working conditions, job assignments, disciplinary actions, and other issues covered by the CBA. The grievance process typically involves several steps specified in the CBA, which may include filing a formal written complaint with the union representative or designated grievance committee within a specific timeframe. The initial step often requires providing a detailed description of the issue, including relevant facts, dates, documentation, and any supporting evidence. Keywords such as "New York Grievance Pursuant to a Union Contract" would be relevant in this context. Once the grievance is submitted, the process may involve informal meetings between the union representative, the affected employee, and management to attempt resolving the issue. In cases where a resolution is not achieved, the CBA may outline additional steps, such as escalating the grievance to a higher-level union representative or engaging in mediation or arbitration. In some cases, there may be different types of New York Grievances Pursuant to a Union Contract, which can vary based on the nature of the issue or the stage at which the grievance is being addressed. These types could include: 1. Contractual grievance: This type of grievance arises when there is an alleged violation or misinterpretation of the specific terms and conditions agreed upon in the CBA. It can include disputes related to compensation, benefits, leave entitlements, or job security. 2. Disciplinary grievance: When an employee believes that disciplinary actions taken against them were unwarranted, excessive, or violated their rights under the CBA, they can file a disciplinary grievance. This may involve issues like suspensions, terminations, or warnings. 3. Health and safety grievance: If there are concerns regarding workplace health and safety conditions that may pose a risk to employees' well-being, a health and safety grievance can be filed. This could involve issues like inadequate personal protective equipment, unsafe working conditions, or failure to comply with applicable laws and regulations. 4. Seniority grievance: Seniority-related disputes may arise when an employee believes that their seniority rights, such as job assignments, promotions, or layoffs, have been violated. Seniority grievances seek to ensure fair treatment based on length of service. It is important to note that the specific types and procedures of New York Grievances Pursuant to a Union Contract can vary depending on the union, industry, and the exact terms outlined in the respective CBA. Therefore, it is crucial for employees and unions to refer to their specific agreement for detailed information on the grievance process and its corresponding types.
