Was That Insubordination?

IBT Education Department Steward Series

Insubordination is generally viewed as a serious offense by arbitrators, who have established the principle of "obey now, grieve later." This principle underscores the expectation that employees follow direct orders and address potential grievances afterward through appropriate channels, unless the order poses an immediate threat to health or safety.

Stewards, while representing members, may need to use firm or assertive language. Courts have ruled that such language, when used appropriately in the context of representation, does not constitute insubordination against the steward.

Employers often categorize insubordination as a "capital" offense, comparable to fighting or theft. Therefore, as a steward, it is critical to advise members of the general rule: comply with the order first, and if there is a dispute, file a grievance later.

When defending a member accused of insubordination, consider the following questions:

1. Was the employee given a direct order?

Refusing suggestions or advice is not insubordination unless a clear, direct order was issued.

2. Was the member aware that a direct order was being given?

Miscommunication or ambiguity can lead to misunderstandings.

3. Was the language of the order clear?

For example, an order to "stop smoking" could be interpreted as limited to the current location or as a complete cessation of the behavior.

4. Was the order audible?

In noisy workplaces, orders may not always be heard clearly.

5. Was the member warned about the consequences of refusal?

Arbitrators often examine whether the supervisor explicitly warned the employee about the potential disciplinary consequences of non-compliance.

6. Was there a pre-existing personality conflict between the member and the supervisor?

While provocation does not excuse insubordination, it can affect the severity of the discipline imposed.

7. Did the member willfully disobey or disregard the order?

Intentional refusal can weigh heavily in disciplinary actions.

8. Was the order reasonable?

Orders that are unreasonable or outside the scope of the employee’s job duties may be contested.

9. Did the member feel that compliance would endanger health or safety?

An employee has the right to refuse an order if compliance would pose an immediate risk to their safety or the safety of others.

10. Was the member set up?

Situations where a member is deliberately placed in a position to fail may invalidate claims of insubordination.

11. Did the charge arise from the member exercising their rights under the collective bargaining agreement or labor law?

Disciplinary actions that interfere with protected activities under the National Labor Relations Act may be unlawful.

Weingarten Rights

The Right to Union Representation During an Investigatory Meeting

In 1975, the U.S. Supreme Court issued its landmark Weingarten decision. In NLRB v. J. Weingarten, Inc., the Court upheld the NLRB's ruling that an employer violates Section 8(a)(1) of the National Labor Relations Act if it requires an employee to participate in an investigatory interview while denying the employee’s request for union representation.

Important Factors of Weingarten Rights:

• Union members have the right to a union representative at an investigatory hearing if they reasonably believe the investigation could lead to disciplinary action.
• The member must request a representative; the employer has no obligation to inform the employee of this right.
• Management is not required to call the representative. Instead, the employer can stop the meeting or proceed with issuing discipline.

Once a union representative is called, the representative has the following rights:

• To know the subject of the investigatory hearing;
• To confer with the member prior to the hearing;
• To speak and participate during the hearing.

Note: The representative cannot argue the case; this is not a grievance hearing.

An employee cannot choose which union representative will represent them:

• The department representative will be called, if available;
• If unavailable, the nearest available representative will be called;
• If the employer is responsible for the representative’s unavailability, the supervisor must postpone the meeting until the representative is available;
• If the union is responsible for the unavailability, another representative or employee may be substituted unless the supervisor decides to postpone the meeting.

Conducting Effective Meetings

IBT Education Department Steward Series

Making the Meeting Work for You!

Prepare – prepare - prepare!!

Think about the meeting. What is the goal of 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. Consider potential 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, and 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, such as: “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.

Chronic Complainer

Dealing with the Chronic Complainer

IBT Education Department Steward Series

Almost every steward knows one—the "mad at the world" co-worker who seems to hate the union. People like this can be challenging. Their anger defies reason, and it's almost as if they have nothing else to do but complain and criticize—whether it's about the union's position on issues, its leaders, its bargaining outcomes, or its dues. Especially its dues. Their list of grievances often seems endless.

For the steward, this can be a real headache, especially when you know how much the union is actually doing. It's not easy to endure daily complaints, particularly when many of them are unfounded.

Worse, these individuals can become loud and disruptive, spreading negativity that may demoralize even the strongest union supporters. Through their efforts, non-problems can become problems, and small issues can escalate into significant ones.

How to Address Chronic Complainers

1. Take every complaint seriously.

You owe it to yourself and your co-workers to objectively evaluate every complaint, no matter who raises it. Some complaints may have merit, and resolving legitimate concerns can prevent future complaints from spiraling out of control.

2. Address unjustified complaints directly.

If a complaint is baseless, take action to address it. Chronic complainers often avoid direct communication with stewards or union officers. The next time you hear them venting, step in to clarify the union's position and set the record straight.

3. Confront publicly, if necessary.

Sometimes, confronting the complainer in front of other workers can help. Prepare your response in advance and address a specific issue they’ve raised. While this won’t necessarily make them an ally, it may deter them from making unfounded complaints in the future.

4. Encourage peer support.

Enlist the help of strong union supporters to communicate a unified message. For example, they might say, "We’re tired of hearing your complaints about the union. The union is doing a great job for us."

5. Understand the complainer’s perspective.

Sometimes, chronic complainers have legitimate reasons for their negativity. They may have had a bad experience with a union in the past or lack understanding of how the union operates and the benefits it provides. Ask questions to understand their perspective, and when possible, educate them about the union’s role and achievements.

The ultimate goal is to address and resolve valid concerns, silence baseless complaints, and, if possible, transform a critic into a supporter.

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Our site design and navigation has been thoroughly thought out. The layout is aesthetically appealing, contains concise texts in order not to take your precious time. Text styling allows scanning the pages quickly. Site navigation is extremely intuitive and user-friendly.

You will always know where you are now and will be able to skip from one page to another with a single mouse click. We use only trusted, verified content, so you can believe every word we are saying. We are always happy to greet the new visitors on our site. With advanced features of activating account and new login widgets, you will definitely have a great experience of using our web page. It will tell you lots of interesting things about our company, its products and services, highly professional staff and happy customers. You will always know where you are now and will be able to skip from one page to another with a single mouse click. We use only trusted, verified content, so you can believe every word we are saying. We are always happy to greet the new visitors on our site.

We use only trusted, verified content, so you can believe every word we are saying. We are always happy to greet the new visitors on our site. Our blog and social media accounts are available to encourage communication and connection between clients and personnel and tell you more about us in the informal environments where we can have a dialogue instead of just a narrative like that.

With advanced features of activating account and new login widgets, you will definitely have a great experience of using our web page. It will tell you lots of interesting things about our company, its products and services, highly professional staff and happy customers. Our site design and navigation has been thoroughly thought out. The layout is aesthetically appealing, contains concise texts in order not to take your precious time. Text styling allows scanning the pages quickly. Site navigation is extremely intuitive and user-friendly. You will always know where you are now and will be able to skip from one page to another with a single mouse click.