Identifying Contract Violations

Before you can write a grievance, you need to recognize that a violation has occurred. This requires deep knowledge of your contract.

Types of Contract Violations:

1. EXPRESS VIOLATIONS — Management directly violates specific contract language

• Example: Contract says overtime by seniority, supervisor skips a senior employee

• These are the strongest grievances because the language is clear

2. IMPLIED VIOLATIONS — Management violates the spirit or intent of the contract

• Example: Contract is silent on cameras in break rooms, but past practice says no surveillance during breaks

• Requires showing past practice or bargaining history

3. PAST PRACTICE VIOLATIONS — Management changes a long-standing practice

• For a past practice to be binding it must be: (a) Unambiguous and consistent, (b) Practiced over a significant period, (c) Known and accepted by both parties

• Example: Company always gave 15-minute breaks, now cuts to 10 without bargaining

4. JUST CAUSE VIOLATIONS — Discipline without proper cause

The 7 Tests of Just Cause (Know These Cold):

• Was the rule reasonable?

• Was the employee aware of the rule?

• Did management investigate before disciplining?

• Was the investigation fair and objective?

• Did the investigation produce substantial evidence?

• Was the rule applied consistently (no disparate treatment)?

• Was the penalty proportionate to the offense?

If the answer to ANY of these is NO, you likely have a grievance.

5. MANAGEMENT RIGHTS OVERREACH — Management exceeds its authority

• Management rights are LIMITED to what the contract grants

• If the contract is silent, check past practice

• 'Management has the right to manage EXCEPT as limited by this agreement'

Investigation Checklist:

• Read the relevant contract articles (multiple times)

• Interview the grievant — get their full account

• Interview witnesses — get written statements if possible

• Request documents from management (schedules, emails, policies, camera footage)

• Check past grievance files — has this happened before?

• Consult with your chief steward or union rep if unsure