ROLE AND CONDUCT OF SHOP STEWARDS

Membership will respect and appreciate good leadership.  The following guide indicates what good leadership entails:

Understanding  

Professionalism

Knowledgeable 

Patience 

Wisdom

Leadership                     

Credibility                       

Integrity               

Fairness 

Communication

Thoroughness

Trustworthiness

A GRIEVANCE INVESTIGATION GUIDE FOR STEWARDS

Generally speaking, the grievance machinery is a procedure whereby an employee grievance is presented to management through a succession of steps.  The reason for having a number of steps is to provide a method of appeal to higher authority from the decision of a lower supervisory official.  A member tells the shop steward that he/she has a grievance.  The Shop Steward should do the following:

STEP ONE:  LISTEN and INFORM

The Shop Steward should hear-out the problem and discuss the complaint with the member by asking detailed questions.  He should be prepared, be honest, perform the duties with integrity and have good communication which builds trust.  The member has to be advised as to what the procedure is with regard to the investigation referring possibly to other similar cases.  Most of all, no promises should be made especially because all the facts have not yet been gathered.

STEP TWO:  MEETING WITH THE EMPLOYER

The Shop Steward will then meet informally with the foreman to try to resolve the issue or go to the next step.  The steward must conduct himself/herself professionally throughout the investigation.     

STEP THREE: INFORM

The member or the Steward fills out a grievance form.  The Shop Steward explains to the grievant how he/she will proceed with the investigation.  Many contracts have time limits for the period in which a grievance must be answered.

Grievance forms can be requested by calling District Council 2 Office at (800) 333-4388.

STEP FOUR:  INVESTIGATE

Using the Investigation Form the steward will keep track of all interviews and findings. The Shop Steward will also review the contract language and consult with the Business Representative if he/she has questions.

STEP FIVE: DOES GRIEVANCE HAVE MERIT?

The Shop Steward will decide if there was a violation and if there was none, he has to explain to the grievant the facts and why the grievance may not have merit.  However, if there was a violation the Business Representative is contacted so he/she, along with the Steward, will process the grievance to the next level.

THE PRIVILEGES OF THE FAMILY AND MEDICAL LEAVE ACT - FMLA

The Federal Family and Medical Leave Act instituted in 1993 under President Clinton allows workers up to 12 weeks of unpaid leave with job protection for specific family and medical reasons. 

The FMLA Act applies to all businesses with 50+ employees and to all public agencies-local-state-federal.  If an employee has worked for a minimum of 12 months for the current employer, as well as in the previous 12 months worked 1250 hours or more, he/she is eligible for leave unde FMLA.

FMLA leave may be taken for a birth, care of a new born, for adoption or foster care of a child; for care of an immediate family member (spouse, child or parent) for a serious health problem or your own serious health condition.  You cannot lose your job if you qualify for FMLA.

If you believe FMLA has been denied to you or that the employer has violated the Act, you may file a complaint with the Wage and Hour Division of the US Department of Labor. 

This may be done in person or by phone and followed up in writing.  The statute of limitations is two years.  If it was a willful violation on behalf of the employer the limitation is three years.

WEINGARTEN RIGHTS

The US Supreme Court has ruled that the National Labor Relations Act gives workers the right to request Union Representation during an investigatory interview by supervisors, security personnel and other managerial staff.  These are the “Weingarten Rights”.

Whenever a supervisor calls an employee (Union Member) into a meeting to discuss their work performance and/or any matter where discipline may be taken by the Company, the Union Member should:

1. Request the presence of a shop steward at the meeting.  Management is not going to remind you of this.

2. If the shop steward is not available, ask that the meeting be postponed.

3. If the supervisor insists on the meeting without representation, the employer needs to be advised that the Weingarten Rights are being violated and call your Business Representative.  An unfair labor practice charge may be filed.