May 5, 2008

The Same-Standards Rule

The only circumstance under U.S. labor law in which a steward may be held to a higher standard than a rank-and-file employee occurs when a no-strike clause in a union contract imposes affirmative duties on union officials. For example, if a no-strike clause says that the union will “exert itself to bring about a quick termination of such violation,” an employer may discipline union officers and stewards more severely than rank-and-filers for taking part in a mid-contract walkout. Beware that even if a no-strike clause does not impose affirmative duties, a steward may be disciplined for instigating or leading a contract-barred work stoppage or slowdown. In most cases involving discrimination against stewards, the union will be able to file a contract grievance as well as a labor board charge. The union should file with the labor board at the same time that it files its grievance.

April 28, 2008

Equality Rule Limits

The equality rule—stewards are management’s equal when dealing with union issues—does not provide 100 percent equality. Employers may discipline stewards for representational conduct that (in the National Labor Relations Board’s words) is “outrageous” or “indefensible” and is “of such serious character as to render the employee unfit for further service.” A steward may not use extreme profanity, racial epithets or threats of violence, and may not, under any circumstance, strike a supervisor. Nor do stewards enjoy legal protection if they organize slowdowns or work disruptions, lead contract-barred work stoppages or file grievances in bad faith. However, the line between protected and unprotected conduct isn’t precise – and supervisors often exaggerate when describing a steward’s behavior. To protect yourself, bring an employee or fellow union representative to grievance sessions or other meetings with management.

April 21, 2008

A Steward’s Responsibilities: What Workers Can Expect From You

* Listen to their concerns. This is the best service you can give a worker. Stewards can suggest appropriate times and places for this.

* Thoroughly investigate their concerns, be they grievances or other union matters. Stewards can and should involve the worker in the grievance investigation process.

* Communicate information on union programs, services and contract benefits.

* Relay worker concerns and opinions to union leadership.

* Enforce the contract with the employer.

And in every encounter, workers have every right to be treated fairly and without discrimination based on race, sex, ethnic background or union membership. In open-shop situations, you must represent members and nonmembers in grievances. It’s the law.

April 14, 2008

Is It Really a Grievance?

Stewards generally agree that the term grievance is the most misunderstood word in the workplace. Some workers believe that anything they don’t like about work is a grievance. Other workers endure flagrant violations of their legal rights by management but shy away from the word. So how do workers know when they have a grievance? While some contracts actually define the word, broadly speaking, a grievance is a violation of worker rights. The steward needs to know (a) what those rights are and (b) if they have indeed been violated. This is rarely an easy process. The first step it to conduct a thorough investigation of the incident or situation. That includes interviewing the worker, the supervisor and any witnesses. It can also include checking records or requesting written information from management, and perhaps from the worker as well. Once the investigation is complete, the steward can examine the information to determine if there is truly a grievance.