For our railroad members who are covered under the Railway Labor Act, the answer is not so simple. Railroad stewards and chairpersons need to be more precise and make their case on the grievance form. They must state the claim, state the facts, and argue their position on the form.

The reason for this approach is that the arbitration panels in the industry, that is the Adjustment Boards and the Public Law Boards, take the position that they will judge only on the statement of the claim that is presented on the local level.

Get in right the first time
Simply put, a railroad steward or chairperson who writes up the claim at step one must do it precisely and correctly.

First, a good steward will conduct a thorough investigation of the claim. This means the steward gather all the appropriate documentation and interview any of the principals and witnesses involved. This material becomes part of the union record and should stay with the union through the grievance process. While the facts are shared with the employer through the written grievance, the documentation should stay with the union.

The Railroad Division form is designed to include all of the relevant facts needed to present to the employer. Once you fill in the first eight lines of the grievance form, you must then turn to the Statement of Grievance.

The Statement of Grievance
This is the heart of the claim. Here you indicate the name of the grievant, the date you present the grievance to the employer, and the number and section of the contract violated by indicating which rule(s) have been violated.

If the claim is a continuing one, you must indicate it in the appropriate section. A continuing claim is one that the carrier, by violating the agreement, has withheld a certain right that the worker could exercise on any successive days. Examples of continuing claims might be improper salary or an improper classification of bulletined work.

The next section of the form is the Employee's Statement of Grievance. Here, the form reads, "On date(s) of..." You must fill out the dates and continue with an affirmative assertion that the carrier violated the agreement when it did something that adversely affected the grievant. As a result, the grievant must be awarded a specific remedy to correct this injustice.

A brief word on language. Try not to use the carrier's expressions if they can damage your case. Refer to the disputed work as regular work or overtime work instead of calling it "emergency work" as the carrier might call it. Explain what type of work is involved instead of simply saying, "It's our work."

Remember, your grievance form may be the first document that the arbitrator reads. You want the arbitrator to see the case from your point of view as soon as he or she opens the case folder. Your grievance must be clear. Otherwise, the arbitrator will turn to the employer's documents for explanation. That is why language is important.

After you indicate what rule has been violated, you need to turn to the facts. Identify the grievant(s) by seniority date, assigned position, working hours, and/or shift. Also identify any of the other people involved by name and title. Then you should describe precisely what happened in chronological fashion. Be brief and factual.

Do not argue in this section. Your goal here is to present the facts in as strong and clear language as possible so that an arbitrator who reads the grievance will conclude that the company violated the rules before they even get to your arguments.

If new facts are discovered prior to the docketing of the case for arbitration, they can be added, but the process stops once the case has been docketed.

You may introduce evidence at this part of the grievance. For example, if the grievance is about an improper job posting you can reference it in this section and attach a copy as an exhibit.

You must then fill in the remedy you desire to correct the injustice done to the member. This can be in the form of money or some action by the employer to right the wrong. It should closely parallel what the member should have received if he or she had been treated properly. Use phrases such as "the employee should be made whole in every way including …", adding whatever you seek as the remedy.

The Member's Position
Lastly, you should set out the member's position on this grievance. This can be done on the reverse side of the page. This section gives you the opportunity to make your argument to support the claim. You can cite the precise language of the violated rule in this part and quote from past arbitration awards. Although Railroad Division advocates will do this in later handling, you can quote from awards if they are relevant to your case. But pay particular attention to the whole award to make sure that it makes sense to reference it.

A final word. Watch you time limits. File those claims within the contractual time limits.

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