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A Stewards Role In a Discipline Hearing
You must handle all discipline as if the case will go to arbitration.
Remember, even if the investigation does not go the way you had hoped, you
can challenge the discipline through the grievance procedure.
Your main role in a Discipline Hearing is to make sure the member is
treated as fairly as possible under circumstances that are heavily
weighted against them. In general, the Steward should follow these
guidelines at a hearing:
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Speak to the member prior to the hearing. It doesn't
matter if the hearing is formal or informal, make sure you and the
member have talked ahead of time. In the event that questioning has
started prior to your arrival, ask for a recess to get some
understanding as to what happened.
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Get
as much information as you can beforehand. Do not let the employer
withhold information. Document any denials of information in writing.
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If there are any witnesses at the meeting or hearing, you
should question them as you see fit. You have a right to ask these
witnesses questions to determine the accuracy of their testimony and
their biases. Your rights regarding clarifying information should not be
restricted by management. If you are denied that right, make sure that
such denial is entered on the record.
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It is
perfectly proper for members to answer questions with, "Yes," "No," "I
don't recall" or "I don't know." Once the member has answered a
question, they are under no obligation to elaborate.
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At most hearings the steward can stop the meeting at any
time to speak privately with the member.
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Take notes during
the meeting. The written record is important. It documents what was
said, not what was allegedly said. Cases have been won on the basis of
good notes.
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