Violation of collective bargaining agreement.

[uneekname]

What is the name of your state (only U.S. law)? Texas

Can I sue my employer for violation of collective bargaining agreement?
I work for a railroad, that has two unions represented. The violation of the contract is affecting the union members that I belong to and not members of the other. This is because their agreements are slightly different than ours but yet the results of both unions agreements directly effect each unions members.

With this violation, it has cost hundreds of members over fifty thousand dollars each over this past year. Other members and I have filed a grievance with our local chairman of our union. It has been almost a year and still not a word of going to arbitration. What steps do I take now? We are always talking to our local chairman, the carriers head of manpower, and have hit a wall because no one wants to deal with the situation any more. They do not return phone calls, or emails anymore.

 

[eerelations]

You cannot sue your employer for violating the CBA. Your first step is to complain to the union. If the union doesn't resolve the issue, your next step is to complain to the NLRB. If the NLRB doesn't resolve the issue, you may be able to sue the NLRB, however, you need to allow it to try before you can even think of suing.

 

[carson.m]

That is completely inaccurate. Please explain why you cannot sue for a CBA violation. The NLRB does not enforce a CBA, they only enforce the NLRA/LMRA. Unless practically every provision of the CBA is be ignored/violated the NLRB would be of no help. (Ignoring the entire CBA could be a ULP)

 

[eerelations]

You need to state your qualifications for providing legal information and advice. You've been asked for your qualifications numerous times and so far, you have steadfastly refused to provide this information. This refusal has caused you to be banned from these boards several times, and tells me (and the other responders on these boards) that you're not qualified to answer questions here.

 

[justalayman]

That is completely inaccurate. Please explain why you cannot sue for a CBA violation. The NLRB does not enforce a CBA, they only enforce the NLRA/LMRA. Unless practically every provision of the CBA is be ignored/violated the NLRB would be of no help. (Ignoring the entire CBA could be a ULP)

the NLRB (national labor relations board) enforces the NLRA (national labor relations ACT). Part of that is enforcing CBA's which are allowed and controlled by the NLRA.


OP's actions would be to:

file a grievance with their union and follow that



If the union fails to represent the member, that is a seperate charge and is taken to the NLRB. When that complaint is filed, the proper section of the NLRA needs to be cited.

 

[uneekname]

You cannot sue your employer for violating the CBA. Your first step is to complain to the union. If the union doesn't resolve the issue, your next step is to complain to the NLRB. If the NLRB doesn't resolve the issue, you may be able to sue the NLRB, however, you need to allow it to try before you can even think of suing.

Okay first step of filing grievance done. We are stuck after that. No one will give answers about this or where we go from there. The only thing is with the NLRB they do not handle railroad member as they belong to the national railroad labor act.

 

[justalayman]

at this point, the best thing for you to do is sit down and read your contract, very thoroughly and read the Railway Labor Act, very thoroughly.

The Railway Labor Act

one snippet from the wise and all knowing Wikipedia:

Unlike the NLRA, which gives the NLRB nearly exclusive power to enforce the Act, the RLA allows employees to sue in federal court to challenge an employer's violation of the Act. The courts can grant employees reinstatement and backpay, along with other forms of equitable relief

Before you go all lawsuit on everybody, your union needs to respond to your grievance and tell you the status of your grievance. As long as this has gone on, they are either simply letting it die (which might give you an action against your union) or the company is attempting to let it die (for which your union needs to take action) or they have actually had some action on it and maybe it is really moving albeit very little.

In any case, your union is in place to act for you and as such, is responsible to act on your behalf and must report to you. If they do not, then they are derelict in their duties which is a separate action for you.

Since this involves so many people and quite a large sum of money, I would suggest those injured get together, outside of the union confines, and hire an attorney that specializes in labor law, railway labor law specifically, to review the situation. You may have actions against the union and the company or you may have neither but after a year, and the stonewalling you appear to be confronted with, a resolution does not appear to be in sight.

I have never enjoyed the idea of suing ones own union or going outside the relationship of the union/company family but sometimes you have to.