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 Wisconsin Grievance Pursuant to a Union Contract refers to a formal process by which an employee or group of employees represented by a union can address and resolve workplace disputes or disagreements with their employer. These grievances typically arise when there is an alleged violation or misinterpretation of the terms and conditions outlined in the union contract. The grievance process allows employees to assert their rights and seek redress for workplace issues, ensuring that the collective bargaining agreement is effectively enforced. It is an essential mechanism for maintaining a fair and harmonious working environment, as it provides a structured and orderly method for resolving conflicts. Key elements and steps involved in the Wisconsin Grievance Pursuant to a Union Contract include: 1. Filing the Grievance: The first step is for the employee or their union representative to submit a written grievance to the employer or the designated management representative. The grievance should clearly state the nature of the dispute, reference the applicable contract provisions, and outline the desired resolution. 2. Grievance Investigation: Upon receiving the grievance, the employer or management representative must promptly investigate the matter. This involves gathering relevant evidence, interviewing involved parties, and reviewing any relevant documents or records. 3. Grievance Resolution Meeting: Once the investigation is complete, a resolution meeting is scheduled between the employer/management and the union representative. This meeting provides an opportunity for both sides to present their cases, discuss potential resolutions, and negotiate a mutually acceptable outcome. 4. Arbitration: In the event that the grievance remains unresolved after the resolution meeting, arbitration may be pursued. Arbitration involves selecting a neutral third-party arbitrator who will hear both sides of the case and issue a final and binding decision. The arbitrator's decision is typically based on the interpretation of the contract and applicable labor laws. It is essential to note that there can be different types of Wisconsin Grievances Pursuant to a Union Contract, depending on the nature of the dispute. These may include: 1. Contractual Violations: Grievances that involve alleged breaches or violations of specific provisions outlined in the union contract, such as issues related to wages, work hours, benefits, or working conditions. 2. Discrimination or Harassment: Grievances filed in response to discriminatory or harassing behavior based on protected characteristics, such as race, gender, religion, age, or disability. 3. Work Assignments or Promotions: Grievances concerning unfair or arbitrary work assignments, promotions, transfers, or layoffs that violate the terms of the union contract. 4. Disciplinary Actions: Grievances related to disciplinary measures, such as suspensions or terminations, where the employee believes the action was taken unfairly or without proper justification. By utilizing the grievance process outlined in the Wisconsin Grievance Pursuant to a Union Contract, employees and unions have a means to address workplace disputes and ensure proper adherence to their contractual rights and protections.
