Grievance (labour)
Encyclopedia
In a trade union
, a grievance is a complaint
filed by an employee which may be resolved by procedures provided for in a collective agreement
or by mechanisms established by an employer. Such a grievance may arise from a violation of the collective bargaining
agreement
or violations of the law
, such as workplace safety regulations.
Ordinarily, unionized workers must ask their operations managers for time during work hours to meet with a shop steward in order to discuss the problem, which may or may not result in a grievance. If the grievance cannot be resolved through negotiation
between labor and management, mediation
, arbitration
or legal remedies may be employed. Typically, everyone involved with a grievance has strict time lines which must be met in the processing of this formal complaint, until it is resolved. Employers cannot legally treat an employee any differently whether he or she has filed a grievance or not. The difference between a grievance and a complaint
, in the unionized workplace, is whether the subject matter relates to the collective bargaining agreement.
A serious grievance may lead to a strike action
.
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
, a grievance is a complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
filed by an employee which may be resolved by procedures provided for in a collective agreement
Collective agreement
A collective agreement or collective bargaining agreement is an agreement between employers and employees which regulates the terms and conditions of employees in their workplace, their duties and the duties of the employer...
or by mechanisms established by an employer. Such a grievance may arise from a violation of the collective bargaining
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
agreement
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
or violations of the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, such as workplace safety regulations.
Ordinarily, unionized workers must ask their operations managers for time during work hours to meet with a shop steward in order to discuss the problem, which may or may not result in a grievance. If the grievance cannot be resolved through negotiation
Negotiation
Negotiation is a dialogue between two or more people or parties, intended to reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue, to produce an agreement upon courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy...
between labor and management, mediation
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
, arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
or legal remedies may be employed. Typically, everyone involved with a grievance has strict time lines which must be met in the processing of this formal complaint, until it is resolved. Employers cannot legally treat an employee any differently whether he or she has filed a grievance or not. The difference between a grievance and a complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
, in the unionized workplace, is whether the subject matter relates to the collective bargaining agreement.
A serious grievance may lead to a strike action
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
.