Grievances are filed by employees and/or their unions against management… to management! Return To Index If the grievance goes to arbitration and you lose, you may be stuck with the result for a long time. We are limited by the con-tract, by our skills, or by how much union power we have. Be sure to check your contract for any language that may limit the use of past practices for grievances. Written for union stewards, officers, and members, this handbook provides methods for defining and categorizing past practices that will help you identify violations, present grievances, and win … Union Grievances - Supervisor Briefing. In this endeavor, your first line of defense in effective contract enforcement is your NTU Building representative. A past practice is any longstanding, frequent practice that is accepted and known by both union and management. In order to be successful the Union must establish a case file that refutes the allegations and/or the basis management relies on for the issuance of the discipline. It is often wiser — a better strategy — to wait for a stronger case or series of cases that the union can take to arbitration with the hope of getting a favorable decision or a good settlement from management. Type: Policies and Documents Grievance Procedure for Collective Bargaining Agreement. Most grievances are "real" in the sense that we are sure the employer has violated some-one's rights; but this doesn't mean we will always win the case. Be sure to check your contract for language that limits their use for grievances. Generally, grievances can get resolved through either mediation or arbitration. That is the mission of the Union in all discipline cases. The point is that the outcome or the precedence of the grievance may have a detrimental effect on the local union at some point in the future and the union must challenge it. You may "win" the grievance, in the formal sense. Bona fide past practices are considered part of the contract, so grievances can be filed if management violates them. Of course it is best for the union steward to be present from the beginning. The employer must notify the union of its intent to end the past practice and must bargain with the union, if the union requests to bargain. So a grievance can turn out to be no more than an "alleged violation" or even just a complaint. This briefing for supervisors examines the law and best practices for processing and investigating a grievance filed by a union or union employee. Union Grievance A union grievance may involve a dispute arising directly between the parties to the collective agreement. If they ignore that, the union can follow up with an unfair labor practice charge for failing to comply with the information request. After bargaining the employer may end the past practice. BUT, the union has to be informed and the union has to be involved in the settlement of the grievance. NTU's grievance procedure is our major weapon to ensure that all aspects of our contract are enforced. The union files the form and any other relevant documents. But if you didn't demand the right resolution, it probably won't feel like much of a victory. The grievance system for employees not covered under a union agreement (which includes all supervisors and managers) is set forth in 5 CFR 771 and says virtually nothing. Only the union can decide whether the solution to the grievance is proper and doesn’t give up any contractual right or wrongly affect another worker. 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