Technical objections to grievances: Overview, definition, and example
What are technical objections to grievances?
Technical objections to grievances refer to formal challenges or objections raised by an employer, management, or union representative regarding the procedural or technical aspects of a grievance raised by an employee or a group of employees. These objections focus on whether the grievance has been properly presented, filed within the required time frame, or follows the correct procedures outlined in the collective bargaining agreement or company policy. Technical objections do not typically address the substance or merits of the grievance itself but instead question whether the grievance is being pursued in accordance with established protocols.
For example, if an employee files a grievance against an employer but does not follow the correct chain of command or submits the grievance outside of the designated time limits, the employer or union may raise a technical objection to the grievance.
Why are technical objections to grievances important?
Technical objections to grievances are important because they ensure that the grievance process follows the rules and procedures agreed upon by both parties, often within a collective bargaining agreement or employee handbook. By raising technical objections, employers or unions can maintain the integrity of the grievance procedure, avoid frivolous or untimely grievances, and encourage employees to follow the proper channels.
For both parties, addressing technical issues upfront can streamline the grievance process, clarify expectations, and focus attention on resolving legitimate concerns rather than getting bogged down in procedural disputes. It helps ensure that grievances are processed fairly and efficiently within the agreed-upon framework.
Understanding technical objections to grievances through an example
Imagine a unionized factory worker who raises a grievance about unsafe working conditions, claiming that the employer has not provided necessary safety equipment. However, the grievance is submitted three weeks after the issue was first noticed, and the collective bargaining agreement specifies that grievances must be filed within two weeks. In this case, the employer might raise a technical objection based on the failure to adhere to the filing deadline, even though the grievance itself might be valid.
In another example, an employee files a grievance directly with the HR department rather than following the procedure of first raising the issue with their immediate supervisor, as outlined in the company’s grievance policy. The employer or union representative could object to the grievance on the grounds that it was not submitted through the correct chain of command.
An example of a technical objection to grievance clause
Here’s how a technical objection to grievance clause might appear in a collective bargaining agreement or policy:
“Any grievance must be submitted within [X] days of the incident, in writing, and through the appropriate channels outlined in this Agreement. Failure to adhere to these procedural requirements will result in a technical objection, and the grievance will not be processed unless the procedural requirements are met.”
Conclusion
Technical objections to grievances are a necessary part of the grievance resolution process, ensuring that all issues are raised and addressed according to established rules and procedures. While these objections do not directly challenge the substance of the grievance, they help maintain the integrity of the process and ensure that all parties follow the agreed-upon framework. By addressing technical issues early on, employers and unions can avoid unnecessary delays and ensure that valid grievances are dealt with fairly and efficiently.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.