3 troubling facts about the CTA transit union contract

3 troubling facts about the CTA transit union contract

On March 23, a Chicago Transit Authority operator crashed a Blue Line train into the O’Hare National Airport terminal. The train hopped the tracks and smashed into an escalator at 2:50 a.m., injuring more than 30 passengers. Union representatives said the operator “works a lot of overtime” and was “extremely tired.” The operator admitted to...

On March 23, a Chicago Transit Authority operator crashed a Blue Line train into the O’Hare National Airport terminal. The train hopped the tracks and smashed into an escalator at 2:50 a.m., injuring more than 30 passengers.

Union representatives said the operator “works a lot of overtime” and was “extremely tired.” The operator admitted to not only falling asleep in the O’Hare crash, but also in a separate incident a month earlier.

Why was the operator working so much overtime? Why was dangerous behavior allowed to be repeated?

Here are several concerning facts about the transit union contract.

  1. Union contract rules encourage heavy overtime

CTA workers have every reason to rack up large amounts of overtime hours and late-night shifts as the union contract makes it very lucrative. According to posted contract language on the Amalgamated Transit Union Local 308 website, bonuses for late night and early morning shifts are set to increase 300 percent from 2012-2015.

Starting in 2013, employees working more than 13 hours in a day are given two times their hourly rate – up from the standard time-and-a-half for most overtime. Given that the average hourly CTA full-time worker normally makes a salary just shy of $60,000 a year, these extras can really add up.

And if the extra cash isn’t enough of an incentive, newer and less experienced workers are often forced into overtime when more senior workers don’t want the hours.

In most major union contracts, overtime is given on seniority preference, meaning if no one volunteers to work extra shifts, workers are chosen in reverse seniority. Given the O’Hare crash employee was only a CTA employee for one year, she might have been put on overtime duty even if she didn’t want it.

  1. Union rules make it difficult to fire an employee, even for a major offense

If anything should get an employee removed from the CTA workforce, it would be driving a 1,000-ton train into an airport.

But there’s no guarantee that will be the case.

Union rules governing employee discipline could prevent management from removing this employee from being a danger to both the public and herself in the future.

According to the Chicago Tribune, this worker had previously dozed off on the job last month, and received a written warning for the incident. Transit officials now state they will initiate the discipline process and the operator might be fired.

Not so fast.

The union contract stipulates that discipline must be “progressive,” meaning each instance of discipline must build off the previous. If the operator has only received a warning – and not an official reprimand discipline – to this point, there is no previous discipline from which to progress.

Bottom line – unless there is a supplemental agreement or law explicitly giving management the authority to discharge an employee for this type of first offense, this employee won’t be fired; at least not permanently.

It is possible that since this incident has received so much media attention, management might go through with firing the employee knowing full well they’ll be forced to bring her back (with back pay) after an union arbitration session later down the road.

Really, there’s not much management can do given the constraints of the union contract.

  1. Overtime rules are pushing employees to the limit

This incident should be a wake-up call.

Overtime rules can be pushing employees to the point of exhaustion, yet discipline restrictions put management in handcuffs when dangerous behavior does occur.

Unions will argue they just need more money and more staff, but this ignores the fact that many budgets have consistently grown and taxpayers are already being crushed by high taxes.

A better approach would be a contract that called for an even distribution of overtime. Further, discipline language should be simplified to give management the ability to keep the public safe.

There are serious consequences to poorly designed union contracts, and the CTA crash should serve as a signal that Illinois needs to tackle the problem before it’s too late.

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