STEWARD INFO

Keep yourself informed on Union affairs.

Be a responsible leader. Don’t let personalities prejudice your actions.

Attend Union meetings and Union affairs. Encourage and bring members from your department.

Keep your co-workers informed on Union matters and activities.

Meet and greet new members as soon as they come on the job. Inform them, educate them and help them become active members. Make them more than just dues payers.

Give the membership respect by listening to their problems and treating them seriously.

Fight all discrimination. Discourage prejudice of any kind.

Keep accurate and timely records. Write it down. You never know when written notes will help win a grievance or save a job.

Encourage political action on the part of your members. See to it that they are registered to vote.

Encourage and support the Union’s activities on behalf of organizing the unorganized.

Let no anti-Union remark go unanswered. Whenever you meet it, fight the anti-Union element with education and information.

If you are not sure on the answer to a member’s question on a Union or a contract matter, do not try to answer or stall. Tell the member you do not know but you will try to get the answer and get back to them.

In dealing with management, remember you are the representative of your brother and sister members. Despite what management might say or do, when dealing with Union business you are always management’s equal.

Investigate every grievance, as it was your own. Keep the member informed; Make sure you keep deadlines or time limits. Research every grievance as if it were going to arbitration, but try to resolve it at the lowest possible level.

Be proud to be a Steward. You are a leader in a movement that affects millions of working people in a positive way and has a rich history.

Your position is a day-to-day activity of membership contact within your facility. With this position, you have the opportunity to be on top of most situations that occur whether it is the company violating the contract or they are implementing discipline to one of our members.

Most members look first to their Steward. You are their most available representative on a daily basis. You have direct contact with the Union office and should have working knowledge of the contract and work rules of the company. Whether you are a new Steward or one with years of experience, you have many people relying on you to protest their interests and to enforce their labor agreement.

Each of these roles dictates a level of commitment that you have taken on to be an effective Steward.

Problem Solver – Each and every complaint against the company requires problem solving. Some may be corrected by just a discussion with management and others may require a written grievance to be filed. Remember that complaints by your fellow workers against the company need to be resolved, do not make the mistake of making a small problem a larger one by blowing the issue out of proportion. We need to think of ways to fix the problems, not make them bigger issues. We should almost always try to fix problems at the lowest possible level first before going up the ladder.

All of the problems that you encounter will not be related to a work situation or the labor agreement. Often, a member may have a problem that requires assistance by outside experts. Stewards should know where or to whom to refer co-workers for the type of help they may need. Our resource network is useful in finding names or agencies that can help our members with particular problems.

Organizer - As an organizer, you will find need to do internal as well as external organizing. Internally, it is necessary for the members to reflect solidarity in the eyes of the employer, an image that shows that the Union is alive and well in their employees. A united front is always the only true way to impose your desires on the employer. Externally, each and every one of us needs to be on the alert for good sound leads that we can use to introduce our Union to the non-Union elements around us. Often our members know a friend or relative who works non-Union that may be interested in becoming Union if they knew the benefits that a Union is capable of providing. As the non-Union company competes with our Union facilities, they cannot help but to undermine our wages and benefit levels. Our Union rates of pay and benefit levels are usually much higher than non-Union firms and consequently, non-Union firms may be able to undercut our companies with lower bids on goods and services that they supply in direct competition to us. Organizing the unorganized is necessary if we are to continue to improve our status in any industry.

Leader - As a leader it is understood that to lead by example is the most valid way to receive the respect of your co-worker. Whether if is in the quality of work that you personally perform or the willingness to take on a problem in the workplace and attempt to get a fair resolution through the grievance procedure. The giving of your time and listening to the needs of the members will earn you dividends from members in the future.

Educator - Educating the members in your group about their rights and benefits under the contract will make you a trusted fellow employee that your co-workers will look to for guidance. Greeting new members with information they need to be aware of on the job is the start to making good Union members who will share in solidarity in the future.

You most likely will be called upon to file periodic grievances. This is to be protected but not abused and good judgment should be exercised in applying our responsibilities of providing due process. To help assist the validity of a potential grievance in a disciplinary matter consider the following "Just Cause" standards.

The basic elements of just cause, which different arbitrators have emphasized, have been reduced by Arbitrator Carroll R. Daugherty to seven tests. These tests, in the form of questions represent the most specifically articulated analysis of the just cause standard as well as an extremely practical approach.

Notice: "Did the Employer give to the employee forewarning of foreknowledge of the possible consequences of the employee’s disciplinary conduct?"

Reasonable Rule or Order: "Was the employer’s rules or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the employer’s business, and (b) the performance that the employer might properly expect of the employee?"

Investigation: "Did the employer, before administering the discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management?"

Fair Investigation: "Was the employer’s investigation conducted fairly and objectively?"

Proof: "At the investigation, did the ‘judge’ obtain substantial evidence or proof that the employee was guilty as charged?"

Equal Treatment: "Has the employer applied its rules, orders and penalties even-handedly and without discrimination to all employees?’

Penalty: "Was the degree of discipline administered by the employer in a particular case reasonably related to (a) the seriousness of the employee’s proven offense, and (b) the record of the employee in his service with the employer?"

 

Who

What

Where

When

Why

Witnesses

Timing is a very important factor in grievance handling. Try not to put off addressing a grievance unless absolutely necessary. Be thorough in your investigation paying attention to detail in documenting all concerns of the member.

Who are the individuals involved in the grievance. Write them down and gather statements from them when appropriate. Always try to get first hand information. It will make for a much stronger case. Second hand information is weak in comparison.

What exactly occurred? Make sure you are able to read through the emotions of people that could cloud the issue. Take your time in interviews and get details. Repeat what you record back to the member so the issue is clear to both of you. See what other members know about the issue.

Where the violation or infraction occurred can sometimes be important so be detailed.

When will be important both because the sooner we gather information the more accurate it typically will be, and because we need to watch time limits contained within our bargaining unit agreements. If we fail to follow time limits, we could lose our right to grieve altogether.

Why is this a grievance? Contract language, work rules, policies, procedures, or laws that were violated.

Witnesses – were there any? Reach out to any individual who may have seen or heard what took place.

Stewards need to listen carefully to a member’s problem or complaint. You might ask the member some questions and have the member review the facts more than once. The facts may change when more information is given.

Let the member know how you will proceed in investigating the claim. Inform the members as to: time frames, delays, investigation steps, relevant contract language, similar cases etc. Be upfront and honest. Do not make promises.

Investigate all aspects of the case. Interview witnesses, fellow workers, supervisors, etc. Ask questions and keep detailed records.

Review the contract for relevant language. Consult your business agent if contract is unclear or silent on the issue. He may have insight on work rules, laws, letters of understanding, or previous arbitration decisions that may apply.

If you find a violation that may be carried further, set up a meeting with supervision on the matter. Try to have the grievant present to verify the facts. If no contract violation exists, you should meet with the member and explain why there is no grievance. Be informative, upfront and honest. Always follow up and do not leave the matter undecided. Share the discovered facts of your investigation.

Meet with supervision to attempt settlement of the grievance informally. Settling at the lowest possible step should be the preferred goal of the Steward. If not settled a formal grievance may need to be filed.

Formalize the grievance in writing. Make sure all needed information is included. Additional information for supporting the grievance should accompany the grievance on attached sheets (investigation fact sheets).

Through responsible preparation and honest dealing with your members, you will be respected by your peers and management alike. Perform your duties as Steward with integrity. Throughout the grievance procedure, keep your members informed every step of the way. Good communication builds trust.

Supervisors will often assert that the only function of a Steward at an investigatory interview is to observe the discussion. This is wrong. The Steward has the right to counsel the employee during the interview and to assist the employee to present the facts. Stewards have the following rights.

When the Steward arrives, the supervisor must inform the employee and the Steward of the subject matter of the interview.

The Steward can take the employee aside for a private pre-interview conference before questioning begins.

The Steward can speak during the interview to make points on behalf of the employee (he cannot however obstruct the interview)

The Steward can interrupt to object to a question or request that the supervisor clarify a question so that the employee can better understand exactly what is being asked.

The Steward can advise the employee not to answer questions that are abusive, misleading, confusing or harassing.

The Steward can provide information to justify the employees conduct.

In the event that you cannot resolve the issue informally with management, you will need to file a formal, written grievance. Here are some tips for completing a grievance.

1. Limit statements to the basic facts. The purpose of the written grievance is to trigger the formal steps of the grievance process and notify the employer of the basic facts, alleged violation and remedy requested.

2. Leave out arguments, evidence and justifications. Arguing the merits of the case is reserved for face-to-face meetings with the employer. Do not give away your arguments in the written grievance. This would just allow the employer to better prepare for the initial grievance hearing. This information should be compiled on an investigation fact sheet and should accompany the grievance throughout the grievance process but for the Union’s eyes only.

3. If required, refer to all contract violations. Include all contract provisions that may be applicable to this particular grievance. You want to indicate which contract articles have been violated along with some general language that allows you to point out other language in the contract that may apply.

Example: "Article 14 and all other articles that apply"

4. State the Unions position. In clear terms, state how the employer violated the contract.

Examples: a. Employer suspended grievant without just cause

b. I was denied a work opportunity on (date)

c. Supervisor performed bargaining work on (date)

5. State a full and possible remedy. The purpose of the grievance process is to "make the grievant whole." That is, to undo the harm that has been done, and to restore the position or standing of the grievant. Remember, since you get what you ask for and nothing more, make sure to include a full remedy.

6. Consult with the Grievant. Review the written grievance with the member and explain what remedy is being asked for. Keep the member informed of the status of the grievance throughout the grievance process.