Your union contract provides a mechanism for you to make sure your employer abides by the contract. That mechanism is the grievance procedure. When an employer violates a provision of the contract, union members have a right to file a grievance. If you have a grievance, or an issue you think might be a grievance, the first thing you should do is talk to your shop steward.
UNITE HERE members work in many different shops, and each shop has its own contract with its own grievance procedure. You should consult your contract to get the specifics, but in general the grievance procedures are similar.
Before you file a grievance, you should talk to your shop steward. Stewards have copies of the grievance form, and also have experience in using the grievance procedure.
The first step in the grievance procedure is between the store or department manager and the individual employee, who may be accompanied by the steward. Most 340 contracts allow this step to be written or oral, but the union recommends that you do it in writing using the grievance form.
If the employee is not happy with the outcome of the first step, the grievance may be taken to the second step. Here it must be in writing. At this step, the grievance is between the union and the company; the union's business agent and the personnel or human resources manager get involved.
If the outcome is again unsatisfactory, the union may refer the matter to binding arbitration. Binding arbitration means that an impartial, outside party hears the case and makes a decision, which the employer, the worker and the union must obey. As part of the contract, the union and the employer have agreed in advance on individuals who will serve as arbiters.
In some contracts, there are deadlines that the employee must be aware of; for instance, a grievance must be filed within a certain number of days of the conduct being grieved. Make sure you consult your contract so that you don't miss these deadlines.
File a grievance whenever your employer violates a provision of the contract. If you are not sure about what the contract says on the matter, talk it over with your steward. Some examples of typical grievance issues are wages, overtime pay, seniority rules, and disciplinary procedures.
Not every gripe is a grievance—there are problems you may face that are not covered in the contract (for instance, your boss may be rude). Grievances are specifically about contract violations, so you cannot file a grievance about a matter that's not in the contract. That doesn't mean you can't take action, of course; you, your steward, other workers in your shop and the union together can organize and pressure the employer.
On the other hand, if the problem you are having is covered in the contract, then you should definitely file a grievance.
Sometimes union members know the employer is violating the contract but they are hesitant to file a grievance because they think it's no big deal or they don't want to get in trouble. But contract violations are a big deal! And it's your right to grieve them; your boss cannot retaliate against you for filing a grievance.
Whenever we let an employer violate the contract without challenging him, we are weakening the contract for all Local 340 members—it sends a message that we will not enforce the contract. When we file grievances, we let employers know that we take the contract seriously and we will make them take it seriously, too. Sometimes, just knowing union members will enforce their rights acts as a deterrent, and management will think twice before violating the contract.