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Categories of Grievances There are thousands of possible grievances, but they all should fall into one of the following general categories: -
1. Violation of the Contract
This is the clearest, most blatant type of grievance. They include such matters as seniority hours of work, staffing, wages, working conditions, holidays, vacations, and disciplinary action without just cause.
2. Violation of Written Precedent
Written precedent is as enforceable as contract language. Examples include company rules, procedures, or written interpretations of the contract from prior grievances or arbitrations. '
3. Violation of Past Practice
Even when the contract says nothing, and you have no written precedent, there can be a grievance based on established "past practices". (For example, a practice like "clean up time" which has existed over a period of time and allowed by both management and the Union) A practice that has been in place for an extended period of time and is accepted by both parties either explicitly (orally or in writing) or implicitly (neither side has ever objected) may be the basis for a grievance if it is violated.
4. Violation of Fair Treatment
There doesn't have to be a contract clause covering supervisor's assaults or abuse of employees to make it possible to gneve this kind of violation. Discrimination and workers' rights covers a broad range of incidents or practices. Management cannot discriminate on the basis of race, sex, age nationality, religion, sexual preference or union activity.
5. Violation of the Law
Laws written to protect workers are implicitly part of the contract, and violation of municipal state or federal laws can constitute a grievance.
6. Violation of Management's Rules or Responsibilities
Management has the responsibility to provide safe and healthy working conditions Likewise management has a right to certain policies under the contract. If management fails to fulfill its responsibilities or violates its own policies, it may be necessary to file a grievance.
Even if none of the above apply, if there is a bona fide unfair practice or action by management, you should file a grievance and demand representation and a hearing.
REMEMBER ---- Don't let management refuse to settle disputes just because there is no particular article of the contract to base it on. Anything that is of concern to the members and is a dispute which management has the power to settle should be the subject of a grievance. The strategy that you choose to pursue the grievance, however, should be determined by what type of grievance it is. -
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