What is a grievance?

A grievance is a complaint that management has treated one or more employees unfairly or has violated the contract.

The San Jose Guild's contract with the Mercury News contains broad language that permits the Guild to raise any matter affecting the relations of the employees and the employer.

There are at least five grounds on which you can base a legitimate grievance. If you think you have a grievance, talk with your shop steward or call the Guild office 408.436.0761.

1.     The contract:Many grievances involve clear-cut contract violations. Others may be borderline cases where two or more clauses seem to be in conflict. In general, clear-cut violations are the easiest grievances to win.
Some typical contract violations involve seniority, promotion, overtime provisions, holiday pay, working conditions and disciplinary action.

2.     Past practice: Arbitrators often will consider long-standing practices, accepted by the union and management, as having a bearing on the rights of both parties. If, for instance, a company has allowed a longer lunch break than called for by the contract, then the union usually has a strong case should a new supervisor discipline an employee for taking too long a lunch break.

3.     Municipal, state or federal law: Regardless of contract provisions or past practices, companies may not violate the law. The union may file a grievance if a law is broken.

4.     Discrimination: Discrimination may be another source of grievance. Discrimination occurs when two people are treated differently under the same conditions, in such a way to harm one of the two. Race and gender are just two bases on which individuals may be discriminated against. There are many others, such as age, appearance, personality and union activity.

5.     Company rules and policies: In a few cases it can be proven that a company is violating its own regulations to the harm of one or more employees. A personnel regulation, for example, may be overlooked in hiring or firing, thus providing grounds for a grievance.