Why Violations Occur and Grievances Are Filed

Many contract violations occur as a result of an oversight or complete disregard by a local carrier officer of the provisions in the collective bargaining agreement. But others occur because of greed of the carrier and/or its dislike of a certain provision in the contract, especially if an arbitrary is involved. In these types of situations, the carrier will try to drag out the process as long as possible for several reasons. If the carrier has any feasible argument whatsoever in favor of its position, the longer they drag out the dispute, the more likely the members will become discouraged and tired of submitting time claims for the violations. In the meantime, each time a member fails to file a time claim, that is money in the carrier's pocket if the carrier is eventually found to be in violation of the agreement. The carrier can also create discontent among the members toward the union for taking so long to resolve the dispute.

Many members think the purpose of filing a time claim is simply to increase their earnings. This is not so. A grievance is filed for the purpose of enforcing the collective bargaining agreement.

If one goes into railroad labor history, we find railroad employees in the late 1800s engaged in bitter struggles to obtain agreements which would prevent the railroads from acting in an arbitrary and capricious manner. The employees sought elimination of favoritism in the assignment of workers-and eventually established the seniority principle in the railroad industry. Similarly, to protect craft rights, the employees fought for and obtained a scope rule. Railroad employees of today have a responsibility to maintain these principles. Thus, when a carrier violates the seniority or scope rules, for example, the railroad employees have an obligation to file a time claim not for the purpose of increasing take-home pay but rather for the purpose of enforcing their rights under the contract. And the penalty should be severe enough so as to make it unprofitable for the carrier to repeat the violation.

Essentially, then, the grievance is filed to enforce the contract. And enforcement of the contract is not only for your benefit but for the benefit of your fellow union members.

This page last updated: 03/06/2005