Shop Steward Faqs
Can a Union Member file a grievance against another Member?
No!
There is no process in any of our Agreements that allows one Member to file a grievance against another. We can only file grievances against the company for violations of the contract.
Are Shop Stewards held to a higher standard than other employee's?
No, a Shop Steward is not Spiderman.
A Shop Steward is not expected to work faster, harder and climb tall buildings. A Shop Steward is a special person who volunteers time to assure that management abides by the contract.
When I’m investigating a grievance, what kind of records can I ask the company to provide?
-
Accident Reports
Don’t be afraid to ask questions and get all the information
- Attendance Records
- Co. Manuals and Guidelines
- Correspondence
- Customer Complaints
- Disciplinary Records
- Equipment Specifications
- Evaluations
- Inspection Records
- Interview Notes
- Investigative Reports
- Job Assignment Records
- Job Descriptions
- Material Safety Data Sheets
- Payroll Records
- Personnel Files
- Photographs
- Reports and Studies
- Security Reports
- Seniority Lists
- Time Study Records
- Training Manuals
- Wage and Salary Records
- Work Rules
Should I help decide company policy?
Never include discipline in a local agreement
It depends.
We may be asked to help form “local agreements” when issues are not covered clearly in the contract. If so, focus on Members. It’s their rights we protect.
In doing so, never, never, never agree to discipline in office policy. To do so takes away the right of our membership to grieve inappropriate discipline.
What's more, it triggers a precedent. Management will point their bony fingers at the IAM and say, “your Union agreed to this.” That’s called shifting responsibility, and some management types are in love with it.
Consider these points if you are helping decide policy:
- Management may claim to want to work cooperatively; Well, yeah, but treat it with skepticism
- Do not think that if you ‘give’ on one point, they’ll give on another
- Keep discipline out of local policy
- Protect our Member’s rights at all times
What is ‘Just Cause’?
The concept of just cause is an important feature of the Disciplinary Article of our Agreements. It is agreed upon by company and Union; It requires the company to justify as reasonable, any discipline, up to and including discharge, which they may elect to impose.
This means the company has the burden of proof if a Member were to appeal his or her discipline. While this all may sound like common sense, no such requirement existed before any of our Agreements went into effect.
A supervisor asks my opinion about what discipline to give: How should I answer ?
In a word, “don‘t.”
The Union is never in the business of disciplining its Members on behalf of the company. Determining what discipline to apply, during an investigation, is the supervisor’s problem, not yours. Additionally this question could be a set up. Either way, you can give a simple, standard reply: “My opinion is there should never be discipline. Period.” Hey, they asked.
In an investigation, here’s what to keep in mind. Opinions have no place. Facts do.
What should we do if someone else outside of my classification is doing my work?
File a grievance. Get a Member paid for it.
It is our job to see that only Members in our classifications do our work. A supervisor is not a Member in our classification. Instead of the company using a supervisor, they could and should staff correctly. That includes hiring overtime in advance. If the company fails to staff correctly, the next Member who would have been eligible for pay should be paid.
Can a Member request a Shop Steward from another work area (not that of the Member)?
Yes. Nothing shall prevent a Member from requesting a Shop Steward from another department to be their representative in the course of an official company investigation.
Company officials should accommodate such a request. It’s likely they will, unless an investigation would be unreasonably delayed. A delay of more than several hours will potentially be considered unreasonable, if evidence or witnesses might become unavailable during that time.
Can the Company deny a Member’s request for a particular Shop Steward?
Yes, in the event such a request would unreasonably delay an investigation, or if the requested Shop Steward is a subject of the same investigation for which the Member is to be questioned.
However – and this is an important “however,” to deny a Member’s request for any other reason would be a violation of the Disciplinary Action Article of our Agreements.
Can the company tell a Member who their Steward will be?
Yes & No.
The company may say that so-and-so will be the Shop Steward during a disciplinary investigation. Then the Member can turn around and request someone else be the Steward. If the requested Steward is available, the company should grant the request.
I'm a Steward who is being disciplined. Can I have another Steward represent me?
Yes, you absolutely can.
In fact you should insist. No one should ever, ever go to a discipline hearing without representation. When a Steward is questioned for possible discipline, the Steward is entitled to, and must be granted, the exact same rights as anyone else in the same situation.
contact district 141 education and training
Kris Hannah
District 141 Education Director
Cell 651.387.6753
Fax 952.854.9586
khannah@iam141.org