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Union Stewards Guide to Effective Leadership
Our
focus is to give assistance to our shop stewards who are helping
union members throughout Local 1205. We are grateful to you and tip our union hats to you who serve your
co-workers and Local 1205. You accepted the important responsibilities of workplace leadership. A
position that can be fraught with anxiety and frustration, but is also a
position that is truly gratifying as you help and assist your co-workers.
That alone is our reward for serving the membership.
Your
position is a day-to-day activity of membership contact within your shop.
Uniquely, by this position you have the opportunity to be on top of most
situations that occur whether it is the company violating the contract or
whether the Union business agent is unavailable to be there quickly.
Most
members look first to their steward, and they should. You are most often available on a daily
basis, you have frequent and direct contact with your union office and usually
you have been in bargaining and understand intimately the essence of the
contract language. Whether you are a new steward or one with years of experience you have a lot of people relying on you to protect their interests
and to enforce their labor agreement.
As a steward you have distinct ROLES to fulfill:
Problem Solver
- Each of these roles dictates a level of commitment that you have taken on
to be an effective steward. The problems that you encounter are not always
related to your current work situation or your labor agreement. Often, a member
may have an interpersonal problem that requires assistance by outside experts.
You need to know where and to whom to refer your co-worker for the type of help
that they may need. Our resource network is useful here so become familiar with
its listings.
Leader -
As a leader it is understood that to lead by example is the most valid way to
receive the respect of you co-worker. Whether it is in the quality of work that
you personally perform or the willingness to take on a problem for the member
and working it through the grievance procedure with your employer. The giving of
your time and lending a caring ear will earn you miles of dividends from the
member.
Communicator
- Communicating is critical. As your business agent strives to make regular
plant visitations for the purpose of knowing the membership, so too is it
important that you keep in touch with the different members working in your
building. During negotiations and while processing a grievance, it is a
particularly critical time for communications. Updating the members as to the
bargaining process and status of his/her grievance is vital and expected.
Introducing yourself to new members is the first chance to provide that
individual with a proper introduction to the union. You are the welcoming
liaison for new employees to their union.
Educator -
As an educator, you will find it powerfully persuasive to greet your new members
as well as current members with the information that they can relate to. Most
often our stewards have been with the company for many years. During this time
they have seen and been involved with a great many matters. Such matters can be
spoken to with great validity since you lived through changes, grievances and of
course bargaining. Be generous with your knowledge, but do so unobtrusively and
with humility.
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 a 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. You know the different types of power. (Perceived
Power, Believed Power and True Power) The behavior in the workplace strongly
suggests to the company that we take care and look out for each other so beware!
"Social Signal", that component of behavior or dress that shouts solidarity
without speaking a single word. This might be the wearing of our Teamsters
buttons, hats or jackets. Externally, each and everyone 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. As the non-union company competes with our union facilities,
they can't help but to undermine our wage and benefits levels. Our union rates
are much higher than non-union firms as a rule and consequently, non-union firms
undercut our companies with lower bids on goods and services that they supply in
direct competition with you.
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Stewards Role in Filing Grievances
Grievance Form
You
most likely will be called upon to file periodic grievances. This right is to be
protected but not abused and good judgment should be exercised in applying our
responsibilities of providing due process. To help assess the validity of a
potential grievance consider the following "Just Cause" standards.
Seven Key Tests to Just Cause:
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.
A
"no" answer to one or more of the questions means that just cause either was not
a satisfied or at least was seriously weakened in that some arbitrary,
capricious, or discriminatory element was present.
1. NOTICE: "Did the Employer give to the employee forewarning or
foreknowledge of the possible consequences of the employee's disciplinary
conduct?"
2. 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?"
3. 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?"
4. FAIR INVESTIGATION: "Was the Employer's investigation conducted fairly
and objectively?"
5. PROOF: "At the investigation, did the 'judge' obtain substantial evidence
or proof that the employee was guilty as charged?"
6. EQUAL TREATMENT: "Has the Employer applied its rules, orders and
penalties even-handedly and without discrimination to all employees?"
7. 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?"
Investigating the Grievance:
Take note of the basics when investigating a grievance. Ask the 6 W's:
- WHO
- WHAT
- WHERE
- WHEN
- WHY
-
WITNESSES
Timing is
everything. The sooner you look into a matter the fresher it will be in
everyone's mind. Being on top of things and moving quickly to gather information
is a virtue, but not however at the expense of thoroughness. Be detailed as you
look into the concerns of the member. Who are the individuals involved in the
case. Write them down and gather statements from them as appropriate. First hand
information is strong, second hand information is weak by comparison. What
exactly occurred? Remember, often times emotion will cloud the issue so take
time and get the details and repeat them back for clarity. See what other
members know about the case. Where the violation or infraction occurred is
sometimes persuasive so be detailed. When will be important for a couple of
reasons. First of all the sooner we gather information the more accurate it
typically will be. But more importantly, we need to watch the time elements
contained within our labor agreements. These time elements require certain
processing steps in order to properly move the grievance along and if we fail to
watch those time elements we could lose the right to grieve all together.
- Never
Refuse To File A Grievance
- WHEN IN
DOUBT FILE
-
IF SHORT
TIME PERIODS REMAIN - HAND-CARRY THE GRIEVANCE TO MANAGEMENT
Determine why the
grievance or event occurred and if appropriate what provisions of the labor
agreement are violated. If no contract provision is obvious you can file anyway
by explaining the concern itself. Interview all known witnesses as soon as
possible and record their statements. Listen more than you talk and repeat back
to the witness and grievant what you understand them saying.
Not all grievance
matters are contract violations. Sometimes there might be a violation of a
company policy, state, federal or municipal law, past practice, or a consequence
of disparate treatment.
In most grievance
matters our stewards and the grievant are encouraged to have a preliminary
discussion with the first level of management to determine if they understand
the concerns or alleged violation of either party. If this is unsuccessful then
a more formal step is to follow.
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Duty of Fair Representation for Stewards
1.
Investigate all grievances fairly and fully.
2.
Don't discriminate against your members.
3.
Pay attention and adhere to the time limits in your grievance procedure.
4.
Don't play favorites or act in an arbitrary manner.
5.
Represent all members equally and in good faith.
6.
Keep members informed.
7.
Investigate, prepare and present grievances in an above-board and professional
manner.
8.
Don't "horse trade" grievances. Handle each grievance on its own merit.
9.
Not all grievances are taken forward, particularly to arbitration. Many are
unfounded, without basis in contract violation, un-winnable, lack evidence or
supporting data.
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Investigation Strategies for Stewards
A
member approaches the steward with a grievance. What should you do?
STEP ONE: LISTEN
Stewards need to listen carefully to a member's problem or complaint. You might
ask the member some questions and even have the member review the facts more
than once. The facts may change as more information is given.
STEP TWO: INFORM
Let the member know how you will proceed in investigating his/her claim. Inform
the members as to: time frames, delays, investigative steps, relevant contract
language, similar cases, etc. Be upfront and honest. Don't make promises.
STEP THREE: INVESTIGATE
Investigate all aspects of the case. Interview witnesses, fellow workers,
supervisors, etc. Ask questions and keep a record of findings.
STEP FOUR: CONTRACT LANGUAGE
Review the contract for relevant language. Consult your business agent if
contract is unclear or silent on the issue. Check appropriate work rules, laws,
letters of understanding, etc. for possible violations.
STEP FIVE: PROCEED OR WITHDRAW
If you find a violation that may be carried further, you may wish to set up a
meeting with supervision on the matter. Make all efforts to have the grievant
present to verify facts. Prepare yourself and the member fully for this meeting.
If no contract violation exists you may have to set up a meeting with the member
and explain why he/she has no grievance. Be informative, upfront and honest.
Always follow up and do not leave the matter undecided. Share the discovered
facts.
STEP SIX: MEETING Meet with supervision to attempt settlement of the
grievance informally. Settling at the lowest possible step is the preferred goal
of stewards. If the case is not settled, a formal grievance may need to be
filed.
STEP SEVEN: WRITING A GRIEVANCE
Formalize the grievance in writing according to the policy and wishes of
your local union. Make sure all information is given on the form. Other data may
be submitted to your business agent on attached sheets of paper. Make sure
grievance forms are completed in full and legibly.
STEP EIGHT: CONDUCT A steward must conduct himself/herself professionally at
all times. Through preparation, good performance and honest dealing with your
members you will be respected by your peers and management alike. Set a good
example for your members. Do your job well and perform your duties as a steward
with integrity. Throughout the grievance procedure, keep your members informed
every step of the way. Good communication builds trust.
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Standards of Conduct for Stewards
There is nothing so persuasive for your membership to see than being the example
of what leadership should reflect. Look to the following standards for your
guide:
-
Professionalism
- Integrity
- Credibility
- Fairness
-
Non-Discriminatory
- Leadership
- Trustworthy
- Knowledgeable
- Hard Working
- Thorough
- Communicate
- Patience
- Model Employee
- Wisdom
- Understanding
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