Can an employer file a grievance against the union even if the labor agreement does not specifically refer to this action?
A grievance is an official, written note that concerns a break in written agreements between management and the union. These include:
- a violation of contract
- a violation of practice or a past practice- including changes in working condition, harassment, bad treatment, and other documented instances of bad practices.
- a violation of a written agreement - which includes that the employer will not discriminate against creed, gender, sexual preference, and other lifestyle choices.
- a violation of a settlement agreement
This being said, the legal language that must precede the filing of a grievance would not apply to an employer since the description above is not something that an employer can complain against the union about.
Moreover, the employer is not generally a bargaining union member, which is yet another legality that must precede the filing of a grievance. This is because the union is in place precisely to watch out for any breaking of contracts by the employer. This means that, legally speaking, there isn't a rationale behind an employer filing against the union.
However, the employer can certainly file an unfair labor practice complaint against the union and take it to a higher level in case that there is evidence that the union is corrupting its bargaining members and coercing them to do things against their will. For this, there must be ample documentation that is shown through the overall productivity level of the corporation.
For additional information check the document included in the link below and on the Enotes page on Labor Unions.