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Shop Steward Handbook, Page 8


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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:

  • 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.
     

  • Get as much information as you can beforehand. Do not let the employer withhold information. Document any denials of information in writing.
     

  • 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.
     

  • 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.
     

  • At most hearings the steward can stop the meeting at any time to speak privately with the member.
     

  • 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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