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(Q&A1)

Real Answers to Real Questions - Part 1

Can a Union member file a grievance against another Union member?
 

NO! There is no process in any of our Agreements that allows one Union member to file a grievance against another Union member. 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? 

Absolutely not! There seems to be a major misconception that a Shop Steward needs to be some kind of Wonder Woman or Superman who must work faster, harder and more efficiently than any other Union member. Who in their right mind would take the job if it meant higher work requirements or more severe discipline? A Shop Steward is that special person who volunteers their time to make sure that management is abiding by the contract and not necessarily someone that the company perceives as some kind of super employee who must be displayed upon some high pedestal for all to see. 

When I’m investigating a grievance, what kind of records can I ask the company to provide? 

A Shop Steward is entitled to examine a wide variety of employer documents prior to filing a grievance. Here are some of the records you can request; keep in mind that this list is not all inclusive:

 
Accident Reports 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

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(Q&A2)

Real Answers to Real Questions -  Part 2

Should I help decide company policy? 

At times, as Stewards, we’ll be asked to help form office policy on issues that aren’t clearly covered in the contract.  It is important to keep focused on the members whose right we’re here to protect.  We should never, ever agree to include discipline in office policy.  To do so takes away the right of our membership to grieve an inappropriate discipline, and allows management to point their fingers at the IAM and say, “Your Union agreed to this.”  Management loves nothing better than the shifting of responsibility.  Keep the following points in mind if you are helping to shape policy:  

Do not be fooled by claims of working together cooperatively.

Do not think that if you ‘give’ on one point, they’ll give on another.

Do keep discipline out of local policy. 

Do protect our member’s rights at all times.

What is ‘Just Cause’? 

Just Cause’ is an important feature of the Disciplinary Article of our Agreements.  This concept, agreed upon by the company and the Union, 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 an employee 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. 

During an investigation a supervisor asks me what my opinion is or what type of discipline would you give if you were in my shoes. How should I answer that? 

This is easy if you take away all personalities from the equation. First off, there should never be any opinions during an investigation, just plain old hard facts. We should never give an opinion or assume. Secondly, let the company representatives make the decisions as that is what they are paid to do. If they can’t make a decision and want you to help suggest discipline, suggest this: NO discipline. Period. Hey, they asked! 

What should we do if someone else outside of my classification is doing my work? 

All our contracts give us the opportunity to file a grievance if this is happening. File a grievance and get someone paid for it. It is our job to see that only folks in our particular classifications are doing our work. We should expect to be paid for this type of careless and sometimes callous sort of behavior. How many times have you heard the phrase, ‘It’s not in our budget’ when we were looking for an improvement in our work area?

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(Q&A3)

Real Answers to Real Questions - Part 3

Can a member request a Shop Steward other than the one who is present in his/her work area? 

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, and likely 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 members 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. 

To deny a members 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? 

The company may say that so-and-so will be the Shop Steward during a disciplinary investigation, but the member may request that someone else be the Steward instead. 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 and you should insist on it. No one should ever go to a discipline hearing without representation. When a Steward is being questioned for possible discipline, they are entitled to be granted the exact rights as anyone else would in the same situation.

 
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