Shop Steward

Rights and Responsibilites

Duties of Stewards

Was That Insubordination?

Weingarten Rights

In 1975, the U.S. Supreme Court issued its Weingarten decision. In Weingarten, the Supreme Court upheld the NLRB decision (which had been rejected by the Court of Appeals), in NLRB v. J. Weingarten. Inc. that held that Section 8(a)(1) of the National Labor Relations Act was violated if the employer requires the employee to submit to an investigatory interview and denies the employee's request for union representation.

IMPORTANT FACTORS OF WEINGARTEN RIGHTS:

1. Union members have the right to a union representative at an investigatory hearing if they reasonably believe that the investigation could lead to disciplinary action.
2. The member must request a representative; the employer has no obligation to inform the employee of that right.
3. Management does not have to call the representative. Instead, the employer can stop the meeting or just issue the discipline.
4. Once a union representative is called, he/she has the following rights:
      •to know the subject of the investigatory hearing;
      •to confer with the member prior to the hearing;
      •to speak/participate in the hearing.
   

   BUT, the representative cannot argue the case; this is not a grievance hearing.

5. An employee cannot choose which union representative they would like to represent him/her:
      •the department representative will be called, if available;
      •if not, the nearest available representative;
      •if the employer is responsible for the representative not being available, then the supervisor must end the meeting until the representative is available;
      •if the union is responsible for the representative not being available, then another representative or employee can be brought in, unless the supervisor chooses to postpone the meeting.

Conducting Effective Meetings

Making the Meeting Work for You!

Prepare – prepare - prepare!!

Think about the meeting. What is the goal or the meeting? Decide on the three most important things you want to get resolved. Who should be informed of the meeting? Should the member be there? Who needs to be de-briefed after the meeting?

Take a notebook and pen. Jot down questions you need to ask and think about what issues or questions may come up. Think about possible problem areas and develop a strategy for handling them.

Develop an Agenda

If you write down how you want to start the meeting, the key points you want to cover and the way to finalize the outcomes prior to the meeting, you are more likely to maintain control of the meeting.

Stick to your plan during the discussion, don’t get sidetracked.

Use the Meeting to Gather Data

Rather than giving out information, use the meeting as an opportunity to gather data. Ask questions and take notes - repeat back what you have heard and ask for clarification.

Instead of reacting to confrontational information, ask another question, ie,: ‘Why do you say that?’ or ‘Can you give me a specific example?’

Restate any agreements

Write and restate any agreements - once you get what you want – don’t rehash it.

DEALING WITH THE CHRONIC COMPLAINER

Almost every steward knows one "the" mad at the world co-worker who hates the union'. People like this can be a real handful. Their anger defies reason. It's almost as if they have nothing else to do but complain and find fault ' about the union's position on issues, its leaders, its failures at the bargaining table or in the grievance process, its dues . . . especially its dues. The list of grievances against the union is usually as long as the complainer's imagination is deep!

It can be a real headache for the steward, who knows better than anyone just how much the union is actually doing. It's not easy putting up with the day-to-day whining of a co-worker, especially when you know so many of the beefs are unjustified.

And it can be a much broader problem if the person is a loud-mouth, as is often the case; he or she becomes a disease-carrying virus who does everything possible to infect co-workers. The drumbeat of anti-union ranting can wear down even the strongest union supporter.

Through the complainer's efforts, non-problems can become problems. Small problems can become big ones.

There are ways to deal with this, but first, remember: you owe it to yourself and your co-workers to take an objective look at every complaint that arises, no matter who it conies from. It may be from a non-stop complainer, but does it have merit' If it does, and you're in a position to help make things right, pursue it. If he fires enough shots, even a blind man will occasionally hit the target. Helping a chronic complainer with a legitimate problem will take you a long way toward moderating future complaints.

But if the complaint is unjustified, or a mountain is being made out of a molehill, you owe it to the union, yourself and your co-workers to deal with it. Here are some ways you might be able to go about it:

Chronic complainers frequently will gripe to everyone around them except people like stewards or union officers, who feel comfortable representing the union's position and know how to respond. Perhaps the next time you hear the complainer bending someone's ear you can step in and set the record straight. If the complainer is confronted head-on, it may slow him down.

In the same way it may be possible to shut down the complainer by confronting him or her in front of number of other workers. Preparing your response in advance, pick some issue he has been griping about. Making someone look foolish is a great way to modify his behavior. It won't make him an ally, but it may make him think twice about making an issue out of every little thing in the future.

You can try getting some of your stronger union co-workers to agree to a common response to the complainer "You know, John (Jane). I'm really tired of hearing your complaints about the union. I think it does okay for us. I don't want to hear this stuff anymore, Okay"

The best solution of all, of course, is to turn the union-hater around. Why does he or she complain so much' Ask. Maybe he had a bad experience with a union once and never got over it. Maybe he really doesn't understand the way the union operates, or the benefits that are a direct result of the union's presence. The next best thing to do with a complainer is to get him to stop. The best thing to do with one is to turn him into a supporter.

Investigation Strategies for Stewards

When a member approaches you with a workplace problem, you'll need a strategy; here are some guidelines to follow:

Listen

Take your time and carefully listen to the problem. If you don't have time, tell the member so, and then schedule a convenient time when you can listen without distraction. Encourage the member to talk freely. Ask open-ended questions. Have the member review the facts - more than once, if necessary. Facts may change as more information is provided, or as more time is allowed.

Inform

Inform the member as to how you will proceed in resolving the problem. Determine if the problem is grievable; if so, explain how the grievance process works. Go over the Investigative steps required; explain the contract time frames, and the possibility of delay. Be upfront and honest. Never make promises.

Investigate

Investigate every aspect of the problem. Use the Six Ws (who, what, where, when, why & witnesses). Interview relevant, reliable and helpful witnesses. Seek precedents. Ask questions and keep written records of everything.

Read the Contract

Review the contract for any applicable provisions or language. If the contract is unclear, consult your business agent. Also check memorandum, letters of understanding, work rules, laws and past practices for possible violations.

Meeting

Before putting the complaint on paper, you need to meet with the immediate supervisor and try to resolve it informally. Settling a workplace problem at the lowest step should be your preferred goal as a steward. If not settled at the informal meeting, then you file a formal grievance in writing.

Writing the Grievance

Before formalizing the grievance in writing, check with the business agent. File it according to the policy and wishes of your local union. Make sure that all the necessary information is provided on the form. Include any other records or evidence you found in while investigating. Write the grievance in clear, concise phrases without giving away any evidence (save that for later.) Be objective - leave out all personal comments, opinions or feelings. And make copies. Remember that during your investigation you asked the Six Ws; when writing the grievance, you have to answer them.

Conduct

Stewards must conduct themselves professionally at all times. Through preparation, performance and honesty, you will gain the respect of your members and management. Set a good example at the workplace. Do your jobs well and perform your steward duties with integrity. Throughout the grievance procedure, keep your members informed. Good communications builds trust.

Investigation Checklist

A good investigation at the early stages of a grievance can lay the foundation for your case.

Investigate at the first step as if the grievance will go to arbitration. A good investigation will expedite settlement. A good investigation will help build your confidence. This checklist will assist you in completing a good grievance investigation.

____Interview the grievant. Listen carefully to his/her account of the situation

____Interview grievant’s co-workers

____Interview the witnesses and management asking the Six W’s. Get a written signed and dated statement from witnesses.

____Keep written records of all interviews.

____Request a copy of members’ related consultations (if it is a disciplinary grievance).

____Request any other management records needed (personnel policies, payroll records seniority list, attendance records, etc.).

____Determine if the problem affects others in the workplace.

____Determine if filing a grievance is the best strategy for solving the problem.

____Check previous grievance settlements for precedents.

____Check the experience of other stewards in similar cases.

____Seek advice on a regular basis from your Business Agent, Chief Steward or other Union Official.

____Review the case with the grievant.

____Anticipate and prepare for management’s arguments.

____Outline your presentation in writing.

____BE AWARE OF TIME LIMITS IN THE GRIEVANCE PROCEEDURE

Grievance Preparation - 12 Points

Points On Writing A Grievance