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.
Title: Los Angeles California Grievance Pursuant to a Union Contract: Understanding the Process and Types Introduction: In Los Angeles, California, a grievance pursued under a union contract is a formal procedure that allows employees covered by a collective bargaining agreement to seek resolution for workplace disputes. This article will provide a comprehensive understanding of what a Los Angeles California Grievance Pursuant to a Union Contract entails, including its process and different types. 1. Definition and Importance: — Los Angeles California Grievance: A complaint filed by an employee or group of employees stemming from an alleged violation of their rights or terms established in a union contract. — Union Contract: A legally binding document negotiated between an employer and a labor union, outlining the terms and conditions of employment. 2. Grievance Procedure Process: a) Filing the Grievance: — The aggrieved employee must follow the specific procedures outlined in the union contract, which usually include submitting a written complaint to the designated union representative or management. — The complaint should include detailed information about the issue, circumstances, relevant dates, and any supporting evidence/documentation. b) Investigation and Informal Resolution: — Once the grievance is filed, the union representative and employer typically conduct an investigation to collect facts and evidence related to the grievance. — In some cases, a resolution might be achieved through informal discussions, negotiations, or mediation between the involved parties. c) Grievance Hearing: — If an informal resolution is not reached, the grievance may proceed to a formal hearing. — A mutually agreed-upon adjudicator, such as an arbitrator, conducts the hearing, where both parties present their cases, provide evidence, call witnesses, and argue their positions. — The adjudicator then submits a binding or non-binding decision, depending on the terms of the union contract. d) Remedies and Appeals: — If the adjudicator finds in favor of the aggrieved employee, remedies may include compensation, reinstatement, corrective action, or any other appropriate resolution. — Both parties may have the right to appeal the adjudicator's decision, usually within a specified timeframe and according to the procedures outlined in the union contract. 3. Types of Grievances: a) Contract Violation: — A grievance based on a violation of specific terms or provisions within the union contract, such as pay rates, working hours, seniority rights, or job assignments. b) Discrimination and Harassment: — Grievances related to workplace discrimination or harassment, including but not limited to race, gender, age, religion, disability, or any other protected characteristic. c) Misinterpretation of Contract Language: — A grievance resulting from a disagreement or dispute over the interpretation of language or clauses within the union contract. d) Health and Safety Violations: — Grievances arising from unsafe working conditions or a breach of health and safety regulations within the workplace. e) Disciplinary Actions: — Grievances stemming from disciplinary actions such as suspension, termination, or any other punitive measures considered unfair or inappropriate. Conclusion: A Los Angeles California Grievance Pursuant to a Union Contract is a critical tool for protecting employees' rights and ensuring adherence to the terms of their union contracts. Understanding the grievance process and various types of grievances can help employees navigate and seek resolution for workplace disputes effectively.Title: Los Angeles California Grievance Pursuant to a Union Contract: Understanding the Process and Types Introduction: In Los Angeles, California, a grievance pursued under a union contract is a formal procedure that allows employees covered by a collective bargaining agreement to seek resolution for workplace disputes. This article will provide a comprehensive understanding of what a Los Angeles California Grievance Pursuant to a Union Contract entails, including its process and different types. 1. Definition and Importance: — Los Angeles California Grievance: A complaint filed by an employee or group of employees stemming from an alleged violation of their rights or terms established in a union contract. — Union Contract: A legally binding document negotiated between an employer and a labor union, outlining the terms and conditions of employment. 2. Grievance Procedure Process: a) Filing the Grievance: — The aggrieved employee must follow the specific procedures outlined in the union contract, which usually include submitting a written complaint to the designated union representative or management. — The complaint should include detailed information about the issue, circumstances, relevant dates, and any supporting evidence/documentation. b) Investigation and Informal Resolution: — Once the grievance is filed, the union representative and employer typically conduct an investigation to collect facts and evidence related to the grievance. — In some cases, a resolution might be achieved through informal discussions, negotiations, or mediation between the involved parties. c) Grievance Hearing: — If an informal resolution is not reached, the grievance may proceed to a formal hearing. — A mutually agreed-upon adjudicator, such as an arbitrator, conducts the hearing, where both parties present their cases, provide evidence, call witnesses, and argue their positions. — The adjudicator then submits a binding or non-binding decision, depending on the terms of the union contract. d) Remedies and Appeals: — If the adjudicator finds in favor of the aggrieved employee, remedies may include compensation, reinstatement, corrective action, or any other appropriate resolution. — Both parties may have the right to appeal the adjudicator's decision, usually within a specified timeframe and according to the procedures outlined in the union contract. 3. Types of Grievances: a) Contract Violation: — A grievance based on a violation of specific terms or provisions within the union contract, such as pay rates, working hours, seniority rights, or job assignments. b) Discrimination and Harassment: — Grievances related to workplace discrimination or harassment, including but not limited to race, gender, age, religion, disability, or any other protected characteristic. c) Misinterpretation of Contract Language: — A grievance resulting from a disagreement or dispute over the interpretation of language or clauses within the union contract. d) Health and Safety Violations: — Grievances arising from unsafe working conditions or a breach of health and safety regulations within the workplace. e) Disciplinary Actions: — Grievances stemming from disciplinary actions such as suspension, termination, or any other punitive measures considered unfair or inappropriate. Conclusion: A Los Angeles California Grievance Pursuant to a Union Contract is a critical tool for protecting employees' rights and ensuring adherence to the terms of their union contracts. Understanding the grievance process and various types of grievances can help employees navigate and seek resolution for workplace disputes effectively.
