What is a Grievance?: Definition, Types, and How to File One

KEY TAKEAWAYS 

•  A grievance is a complaint filed by an employee for  violations of contract terms, workplace conditions, or policies. 

• A grievance can be filed individually or collectively.

• A grievance can be resolved by mediation, arbitration or negotiation. 

What is a Grievance?

A grievance is a formal complaint that highlights a violation of contract terms, workplace conditions, or policy. It could also be a complaint about noncompliance with work policies or similar regulations. Employees typically file grievances when their employer has negatively impacted them. Grievances can be filed by individuals or groups and can relate to a contract violation or even violations of the collective bargaining agreement and other policies.

What Is the Grievance Procedure?

The contract between the union and management usually specifies the steps for settling workplace disputes and filing a grievance. When filing a complaint, the first step is to identify the source of the grievance, which may be a supervisor or a direct report.  

After the initial complaint is filed, the validity of the grievance is assessed. Suppose the issue remains unresolved with a union representative. While this may sound formal, the grievance procedures don't always need to be formal. This is to keep employees from being discouraged about coming forward.

In a unionized work environment, filing a grievance means the employer is not following the collective bargaining agreement. A violation of this agreement can mean failing to provide required pay or not maintaining safe work conditions. Both groups of workers and individuals may file a grievance. Grievances can involve various issues, including violations of workplace policies. Most grievances are about contracts. However, some employees file grievances without citing a contract violation.

Labor unions generally have a strict procedure for filing grievances:

• The employee makes their complaint to a union representative or some other official.

• The union representative completes a form and then files it with the union for review.

• The union files the form and any other relevant documents. Filing can occur in either a physical or electronic database.

• The labor union and the grievance representative will track the complaint as it progresses through arbitration.

Generally, grievances are resolved through either mediation or arbitration. In unionized workplaces, however, there is usually a set policy for resolving grievances, whether between employees and management or coworkers. Although some organizations have unique procedures for handling grievances, there will usually be a specific set of steps that must be followed.

If the grievance procedure has reached completion and the employee is unhappy with the result, they may need to escalate the situation. Collective bargaining agreements, which are common in union workplaces, will usually lay out the steps for resolving grievances, and even nonunion workplaces will usually have formal grievance procedures.

Grievance procedures, while most commonly used by employees, can resolve disputes raised by a variety of persons:

1. Customers

2. Competitors

3. Suppliers

Grievance procedures create a hierarchy for resolving workplace disputes. Most people understand grievance procedures in terms of labor contracts.

Whether there is a union or not, every workplace needs firm grievance procedures. Companies should prevent grievances by upholding their policies.

Grievance procedures help management find problems before they hurt employee satisfaction and provide employees with a communication channel to management. Unfortunately, resolving grievances often creates an adversarial relationship between management and employees. Companies must ensure their grievance procedures avoid resentment toward complainants.

Types of Grievances

Workplace grievances are of three types: individual, collective, and policy-related. Below, we will examine each category.

Filing a Grievance: Step-by-Step Process 

Every contract should include specific grievance procedures that outline the steps to be followed so they are not deemed invalid. Once you think an event has occurred that may give rise to a grievance, contact your steward or union representative. This individual will provide you with a "grievance/issue investigation form" that will require the following information:

• Who is involved?

• What happened?

• Where did the incident occur?

• Why is it a grievance?

• How should the issue be resolved?

• How Do I Write a Grievance?

One of the first steps in establishing a grievance process is to raise the issue verbally to a line supervisor. This allows the grievance to be resolved informally at the lowest possible level. Most issues can be resolved without putting them in writing. Instead, there are employee assistance programs, mediation via a neutral third party, and problem-solving techniques via union officials.

Other agreements only permit employees to file a grievance with the assistance and approval of the union. If you want to file a grievance, there is safety in numbers. Discreetly reach out to your coworkers if they have similar complaints. You can consult a lawyer to find a precedent to support your case. Have a compromise prepared because there may be pushback.

In unions, a normal grievance procedure begins when an employee presents an issue to his immediate supervisor. The supervisor then has a certain amount of time to respond or escalate the grievance to the head of the department or another superior.

If that does not resolve the issue, the grievance will continue to go up the chain of command until, eventually, it may reach the president of the local union. If the proper procedures are not followed at any juncture, the contract in place usually says that the union must drop the grievance. Sometimes, a mediator may step in to help further alleviate the problem. This may be done to help the parties resolve the issue before having a formal arbitration.

Grievance vs. Complaint: Key Differences

Common Reasons for Grievances

Grievances often arise from issues that harm employees' well-being and job satisfaction. Below are some common reasons grievances arise.

Complaints Not Related to Contractual Violations

Not every workplace issue is related to a contractual violation. For example, there can be conflicts between employees, between an individual employee and a supervisor, and even personal problems. Generally, these issues do not warrant the filing of a grievance. This is because management is not involved, a contract agreement is not violated, and there is no issue of employees' rights.

You should still talk with your union representative if you're experiencing one of these issues. Even though you likely won't be able to file a grievance, your representative may still be able to help you resolve the issue in several ways:

1. Connecting you with programs meant to assist employees.

2. Setting up mediation with a trained professional.

3. Teaching you techniques for problem-solving.

4. I am directing you to a union official who may be able to help.

A steward's primary responsibility is enforcing labor contracts and not listening to minor employee complaints.

How to Resolve Grievances

Resolving a grievance is not a linear process; there are several ways to do it. Below, we will review a few common methods.

A famous grievance is the 2019 UAW strike against General Motors. It showed that collective grievance can improve labor conditions. The strike began over unfair labor practices, low wages, and mistreatment of workers. UAW members demanded better pay, job security, and benefits. They cited contract violations and poor working conditions. A 40-day strike followed the grievance. It resulted in a new negotiated  contract. This contract included significant wage increases and better job security for workers.

Importance of Grievance Policies for Employers

To foster open communication, dialogue and a feeling of trust, grievance policies are essential to the workplace. They provide a method by which employees can address issues with their employer without the fear of retribution. Having an effective grievance policy in place leads to higher job satisfaction and higher employee retention rates. 

What to Do If Your Employer Is Violating a Contract

Grievance procedures will largely depend on the business in which you are employed. In a small business, for example, the employee manual may outline grievance procedures, and it may only be a few lines of text. A small business may also have an ombudsman charged with handling grievances, or may allow peer review of employee complaints.

Understanding the basics of what a grievance is will make it easier for you to engage in the grievance process when you have a complaint. First, you should be sure that you're carefully reading your contract so that you can understand your workplace's specific grievance procedures. Pay attention to rules for what you should do prior to filing a grievance.

Most employment contracts will include steps and timelines for dealing with a grievance. If you're not careful about following these steps and timelines, it's possible that your complaint will be determined to be invalid, even if there is merit to your grievance. You should immediately contact your union representative if you think there are grounds for filing a grievance.

Can I File a Grievance Against a Coworker?

No, since the agreement is between management and the union and not between individual employees. If an employee violates the contract, like working overtime without getting paid, the grievance is against the employer. Or, if an employee sexually harasses a coworker, the complaint is against the employer for failing to protect the employee from sexual harassment.

Filing a grievance is not appropriate if an employee is taking too much time off or slacking at work since this is not a violation of the contract. An employee may not file a grievance against his or her supervisor if they think they are unprofessional or incompetent. Only if they manage poorly by violating a contract provision can you file a contract violation grievance.

Limitations of Grievances

If grievance procedures are effective, they will help management identify and remedy problems within an organization before they grow into larger problems. In some cases, the settling of grievances becomes a sort of scorecard that reinforces an "us versus them" mentality between labor and management. It is vital that a company's grievance procedures include steps to prevent a backlash against those who choose to use them.

A grievance is a formal complaint lodged by an employee against his or her employer. Other conflicts can be resolved without the use of a formal grievance, but if this is not the case, the employee will need to state the facts of the incident that led to them filing a grievance. When working with the union, the steps are well defined and must be handled within prescribed time limits.

If you need help with a grievance, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

Conclusion: Key Takeaways for Addressing Grievances Effectively

There are many types of grievances and ways to resolve them. A healthy workplace needs grievance procedures. Clear policies allow employees to voice  their concerns without fear of retribution. With these procedures, employees often trust their employer more.  Knowing that their voice will be heard, often makes employees more committed to the organization.

Frequently Asked Questions ( FAQs)

What is a grievance in the workplace?

A grievance in the workplace is a formal complaint made by an employee regarding a perceived violation of rights, workplace policies, or contractual agreements.

How serious is a grievance?

The seriousness of a grievance can vary significantly based on the nature of the issue and its impact on the employee and workplace.

What happens when you file a grievance against your boss?

After you file a grievance against your boss, the company must follow the workplace's policies for resolving it.