What is a Grievance?

Wondering if you can file a grievance about your problem?
Not everything is a grievance. For an issue to be a grievable it must violate at least 1 of the 5 types of grievances below.

The 5 types of grievances are:

1. A violation of your Union contract
2. A violation of Past Practice
3. A violation of Fair Treatment
4. A violation of the Law (Municipal, state, or federal)
5. A violation of Management's Rules and Responsibilities

Read more about each type of grievance below.

 Violation of the Union Contract - Most grievances result from management violating the contract. Some of the most common violations are related to seniority, hours of work, staffing, wages, working conditions, holidays and vacations, and disciplinary action without just cause. If you think a member has been treated unfairly, the first place you should check is your contract. (Please note: SEIU 1199NJ President, Milly Silva, is committed to ensure that every member has a copy of their new contracts. Speak with your Delegate or Union Representative about the status of your contracts.)

 Violation of past practice - No contract can cover every practice on the job. 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 past practice grievance if it is violated.

 Violation of fair treatment - There doesn't have to be a specific contract clause covering supervisor's assaults or abuse of employees to make it possible to grieve this kind of violation. Discrimination and workers' rights cover a broad range of incidents or practices. Management cannot legally discriminate on the basis of race, gender, age, nationality, religion, or union activity.

 Violation of the law - Laws written to protect workers are implicitly part of the contract, and violation of municipal, state, or such federal laws as the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA) can constitute a grievance.

 Violation of management's rules or responsibilities - Management has the responsibility to provide safe and healthy working conditions. It also has a right to set responsible policies related to the operation of the workplace. If management fails to fulfill its responsibilities or violates its own policies, it may be possible to file a grievance.

Chances are that if a problem doesn't fall under one of these categories, it is not a grievance. Even if we can't file a formal grievance, the whole shop should get involved in the issue if members have been negatively affected by something that management did.