A contract defines the relationship between unions and employers. It sets down in writing what an employer can or cannot do. It also defines what rights union members have and how those rights can be enforced.

Back in 1937, UAW strikers occupied the General Motors plant in Flint Michigan and faced machine guns and rifles. When they finally agreed to leave the plant, they had gotten GM to agree to recognize the union, institute a grievance procedure, and sit down with the union to negotiate a full agreement. The core of the contract was union recognition and a grievance procedure. Without these two key items no other element of the agreement could be enforceable.

Today, contracts are much longer but almost always include these two critical articles. The typical contract is a legal and binding agreement negotiated between the union and management, and approved by the membership. Let’s look at some typical contract clauses

Recognition Clause:
Our modern-day TWU agreements usually begin with some kind of union recognition clause. It gives the TWU sole jurisdiction over the classifications and type of work covered in the agreement.

In groups covered under the Railway Labor Act, such jurisdiction is along class or craft lines and is usually company wide. For example, the TWU might represent all the flight dispatchers or mechanics on an airline.

Among groups covered by other labor laws, jurisdiction is based on "appropriate bargaining units," which may cover some or all of the plants of a given company. For example, the TWU might represent all bus employees working for a municipal authority or all blue-collar employees at a university.

Recognition can be obtained through either direct negotiations with management or through certification by the appropriate labor board. In many cases, certification is won through union election.

Union Security:
Sometimes part of the recognition clause, sometimes standing alone, this clause explains the form of union protection employees have negotiated. That protection can take the form of a union shop, maintenance of membership and/or simple dues check-off. The clause may include the conditions of probationary employment for new hires.

Scope:
This clause lists the work performed by TWU members who are in the craft or job that is represented. It can include a full job description of duties and it means that such work cannot be done by any other craft or contracted out unless there is contract language allowing for such practice.

Grievance Procedure:
All contracts carefully spell out a grievance procedure with final appeal to a neutral third party. There are a number of steps in the procedure, each of which is described, including who in the union and in management handles each step. Time limits for filing and appeals appear in this section. Check in this section for a formal definition of a grievance. Handling grievances will depend on the law, contract, and types of operation involved. Disciplinary grievances may be described here or in a separate section.

Seniority:
The concept of seniority guarantees equality among workers and prevents management from playing favorites. Seniority may be based upon service within a classification, a certain shop or department, or an entire company. Seniority may be limited to certain geographical districts or may be system-wide or company-wide. Such contracts provide for several types of seniority to accrue under different conditions and may be used for different purposes.

Seniority is often used to determine promotions, demotions, layoffs, transfers, and recalls from furlough. Depending on the contract, it may also determine selections of vacation periods, picks of shifts, rest days, or work assignments. The exercise of seniority for work purposes is subject to minimum qualifications to do the job

Hours of Work:
There is usually specific language spelling out the number of hours to be worked at straight time. This rule may also include time of various shifts or tricks and rest days. It is important to note these details in order to determine when overtime begins.

Benefits:
Separate rules cover vacations, holidays, sick leave, leaves of absence, jury duty pay, emergency leave, insurance, retirement plan, work clothes and other benefits. These benefits will vary from contract to contract.

Health and Safety:
Some language covers the employer's commitment to a safe and healthy workplace. It may also include creation of a union-management health and safety committee. TWU policy never limits the local union to this language in order to keep our members safe on the job. There is usually federal or state law that goes beyond this language and locals are urged to set up their own committees.

Union Rights:
These articles will usually describe the roles of the union officials, including stewards, and how they can perform union work on company time. There may also be articles on bulletin boards, union buttons, and rights to information, representing members, and filing grievances.

Management Rights:
This clause is the one that most stewards will hear repeated at grievance meetings. It usually has wording to the effect that any issue not spelled out in the agreement remains under the exclusive control of the employer. There are a number of limitations on management rights clauses and local unions should be clear on what issues should be challenged when the employer invokes this article.

Duration:
Contracts under the National Labor Relations Board or state law usually include expiration dates as part of the agreement.

Under the Railway Labor Act, a contract never expires unless one of the parties to the agreement files a section 6 notice to change some or all of the agreement. Filing the notice sets into motion a bargaining procedure that allows for resolution of the dispute or a strike after a certain period of time. Some contracts now include an expiration of specific benefits such as the wage scale.

These are just a few of the many subjects you will find in typical contracts. Some articles will spell out the subject area in great detail. Some articles will be vague.
 

The bottom line, however, is that the contract does not enforce itself. It requires you to police it watching for violations by management. You must process all legitimate grievances without prejudice. But in order to do so, you must be familiar with your contract.

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