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 West Virginia Grievance Pursuant to a Union Contract refers to a formal process through which a union member files a complaint or grievance against their employer for an alleged violation of the terms and conditions outlined in their collective bargaining agreement. This type of grievance procedure is specific to the state of West Virginia and is regulated under the West Virginia State Code and the National Labor Relations Act. The purpose of a West Virginia Grievance Pursuant to a Union Contract is to provide a structured mechanism for resolving disputes and conflicts that may arise between employees and their employer. It aims to ensure that both parties abide by the agreed-upon terms of the union contract, addressing issues such as wages, working conditions, benefits, promotions, disciplinary actions, and any other provisions negotiated during collective bargaining. By filing a grievance, a union member seeks to enforce their rights and seek a resolution that is in line with the contract. There are generally three types of grievances that can be filed under a West Virginia Grievance Pursuant to a Union Contract: 1. Grievance Alleging Contract Violation: This type of grievance occurs when a union member believes that the employer has violated specific clauses or provisions outlined in the collective bargaining agreement. It could involve issues such as improper discipline, unfair allocation of work, discriminatory practices, unjust termination, or denial of benefits. 2. Grievance Alleging Unfair Labor Practice: This type of grievance focuses on situations where the employer's actions are perceived as violating the rights protected by the National Labor Relations Act. Unfair labor practices can include interfering with employees' right to form, join, or participate in a union, retaliation against union members for engaging in protected activities, or failure to bargain in good faith. 3. Grievance Alleging Arbitrariness and Capriciousness: In some cases, a union member may claim that the employer's decision or action is arbitrary, unreasonable, or without a sound basis. This type of grievance generally arises when the employer's actions are not explicitly covered in the contract but are deemed unfair or inconsistent with past practices. To initiate a West Virginia Grievance Pursuant to a Union Contract, a union member must typically follow a step-by-step process outlined in the collective bargaining agreement. This process may involve filing the grievance with the union representative or steward within a specified time frame, participating in informal discussions and negotiations, and progressing through various stages like mediation, arbitration, or potentially litigation if the matter remains unresolved. In conclusion, a West Virginia Grievance Pursuant to a Union Contract provides a systematic procedure for addressing and resolving disputes between employees and employers regarding contractual obligations. It protects the rights of union members and aims to ensure compliance with the negotiated terms of the collective bargaining agreement in West Virginia.
