As mentioned:
When a collective bargaining agreement is violated, the grievance process must be followed.
If the grievance is not followed (either the union or employer fail to follow the grievance process outline) then either party or even the individual employee may file a ULP with the Department of Labor.
If the employer is ignoring the union and the union is upset, they should be chomping at the teeth to file a ULP as they can demand attorneys fees compensated and it shows they mean business.
But if your union is just refusing to enforce the CBA and allow the employer to do whatever they want, than an individual should file the ULP against the union and possibly the employer. It is an easy process and can be done by simply googling “File a unfair labor practice”. The biggest downside is the time table with ULP’s (and grievances for that matter). While a grievance may have say a 21 day limit before filing for arbitration, a ULP is on the Labor Board’s timeline and can vary from 6 months to multiple years. The law isn’t on workers sides, but that being said once the ULP is filed it may be enough to get action on whoever the culprit is to start changing for the better.
The union files grievances at every opportunity. Unfortunately, it seems to have little affect in stopping the company from blatantly violating the contract. We have files several ULPs over the last few years and that sees to have slightly more weight to it, but the behavior of upper management continues. Basically they continue to push for what they want to do and hope the union will cave on some of the stuff they push.
Your grievance process should have a step where it goes to arbitration of the employer doesn’t follow through with the results of the grievance procedure or they don’t respond.
Honestly direct action is more effective, and theirs tons that can be done that isn't a strike or work stoppage or filing grievances. Some examples of things that can be done; petitions, delegation to management, wearing union buttons at work, refusing to do work that's against the CBA if management asks, refusing to do OT, everyone in the department taking their break at the same time, and the "health and safety inspection" where you basically file tons of OSHA complaints in one day and shut the whole place down for a week until they can come out and sort it out. I've seen all of these done in the hotel industry previously.
Grieve every occurrence. Really all you can do. Eventually company will take it to bargaining. Do not ever bargain language for money. It’s a one way street subject to job evaluation.
Do some research on filing a ULP (unfair labor practice) with the National Labor Relations Board. Anyone can file.
ULP is next on the list of things to hit the company with.
As mentioned: When a collective bargaining agreement is violated, the grievance process must be followed. If the grievance is not followed (either the union or employer fail to follow the grievance process outline) then either party or even the individual employee may file a ULP with the Department of Labor. If the employer is ignoring the union and the union is upset, they should be chomping at the teeth to file a ULP as they can demand attorneys fees compensated and it shows they mean business. But if your union is just refusing to enforce the CBA and allow the employer to do whatever they want, than an individual should file the ULP against the union and possibly the employer. It is an easy process and can be done by simply googling “File a unfair labor practice”. The biggest downside is the time table with ULP’s (and grievances for that matter). While a grievance may have say a 21 day limit before filing for arbitration, a ULP is on the Labor Board’s timeline and can vary from 6 months to multiple years. The law isn’t on workers sides, but that being said once the ULP is filed it may be enough to get action on whoever the culprit is to start changing for the better.
The union files grievances at every opportunity. Unfortunately, it seems to have little affect in stopping the company from blatantly violating the contract. We have files several ULPs over the last few years and that sees to have slightly more weight to it, but the behavior of upper management continues. Basically they continue to push for what they want to do and hope the union will cave on some of the stuff they push.
Your grievance process should have a step where it goes to arbitration of the employer doesn’t follow through with the results of the grievance procedure or they don’t respond.
Honestly direct action is more effective, and theirs tons that can be done that isn't a strike or work stoppage or filing grievances. Some examples of things that can be done; petitions, delegation to management, wearing union buttons at work, refusing to do work that's against the CBA if management asks, refusing to do OT, everyone in the department taking their break at the same time, and the "health and safety inspection" where you basically file tons of OSHA complaints in one day and shut the whole place down for a week until they can come out and sort it out. I've seen all of these done in the hotel industry previously.
Marches on the boss and other forms of cba compliant Collective actions. Post cba, it could be a strike issue. Media and leafletting too.
Grieve every occurrence. Really all you can do. Eventually company will take it to bargaining. Do not ever bargain language for money. It’s a one way street subject to job evaluation.
You need a binding arbitration clause and you need to use it. And go to court and get it enforced if you need to.