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 Wyoming Grievance Pursuant to a Union Contract refers to a process outlined in a union contract in the state of Wyoming for resolving disputes or complaints between unionized workers and their employers. In this context, a grievance is a formal complaint filed by an employee or a group of employees through their union against their employer, alleging a violation of their rights, terms, or conditions of employment as specified in their collective bargaining agreement (CBA). The process begins when an employee or their union representative files a written complaint, known as a grievance, with their employer. The Wyoming grievance procedure usually entails specific steps and timelines to ensure fair and prompt resolution. It typically includes the following stages: 1. Informal Resolution: In many cases, the involved parties are encouraged to resolve grievances through informal communication. Employees may approach their immediate supervisor or management to address the issue and attempt to find a resolution without formal procedures. 2. Formal Grievance Filing: If the issue cannot be informally resolved or remains unresolved, the employee, usually with the assistance of their union representative, formally files a written grievance with their employer. This document should detail the nature of the complaint, the specific contractual violation alleged, the desired remedy sought, and any supporting evidence. 3. Investigation: Upon receipt of the formal grievance, the employer is obligated to investigate the matter thoroughly. This usually involves gathering relevant information, documents, and conducting interviews with involved parties. The investigation's goal is to establish the facts and determine if a contractual violation has occurred. 4. Grievance Meeting: Once the investigation is complete, the employer typically schedules a meeting with the employee, their union representative, and any other pertinent individuals. During the meeting, the employee and their representative present the details of the grievance, supporting evidence, and arguments. The employer may present their findings and provide their perspective. 5. Grievance Decision: After the meeting, the employer evaluates the information and issues a written decision regarding the grievance. This decision is usually based on the contract language, relevant laws, and the investigation's findings. The decision may include remedies, such as back pay, reinstatement, policy changes, or corrective actions, if the grievance is deemed valid. 6. Appeal Process: In cases where an employee or their union representative is dissatisfied with the initial grievance decision, the union contract often outlines an appeal process. The appeal typically involves escalating the matter to higher levels within the organization or involving a neutral third party, such as an arbitrator. The appeal process aims to provide an additional opportunity to resolve the dispute fairly and independently. It's important to note that specific types of Wyoming Grievance Pursuant to a Union Contract may differ depending on the unique terms and conditions set forth in different collective bargaining agreements. Some common types of grievances that may be pursued under such contracts include issues related to wages, benefits, job assignments, promotions, discipline, workplace safety, work hours, seniority rights, and violations of union rights. Overall, the Wyoming Grievance Pursuant to a Union Contract ensures a systematic and structured process for resolving workplace disputes, protecting the rights and interests of unionized employees, and maintaining a harmonious labor-management relationship.
