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Leadership & Shop Steward Guide Office and Professional Employees International Union, AFL-CIO 80 Eighth Avenue, 20th Floor New York, NY 10011 212-675-3210 www.opeiu.org Facebook.com/opeiu Twitter: @opeiu Instagram: @opeiu OPEIU Leadership/Shop Steward Guide Table of Contents Empowered and well-trained shop stewards are the backbone of successful local unions. The OPEIU Leadership/Shop Steward Guide provides training materials and resources for local union shop stewards, staff and emerging leaders. Tips for Shop Stewards What a union leader needs to do (i.e. greet new members, represent all members fairly, look for ways to agitate, organize…and other examples). What a union leader needs to know (i.e. contract, polices, co- workers, labor law and more). Know Your Weingarten Rights Spread the word to co-workers about their rights to have union representation when possibly facing discipline. This flier can be distributed in the way that’s best for your workplace. The Shop Steward’s Role in the Weingarten Meeting Weingarten rights and tips on how to effectively represent members. Supervisors and Stewards as Equals Duty of Fair Representation Just Cause Standards Questions to ask when evaluating whether a situation meets just cause standards, an important provision in most union contracts. Strategic Grievance Handling Types of grievances; the importance of timelines; investigating a potential grievance; interviewing tips; recording the grievance; presenting the grievance; reaching agreement. Strategic Grievance Handling Checklist Request Information to Represent Members and Stand Up for Our Rights A checklist for getting the facts to help prepare for a grievance or to resolve workplace issues. Union Strong Checklist Steps to prepare your workplace for tackling concerns important to co-workers, increasing union visibility and encouraging unity. Beating Apathy What holds us back? It may feel like apathy, but under the surface there’s always something else going on. Some tips to rethink how to activate your co-workers. Additional Resources for Workplace Activists Tips for Shop Stewards As a union leader, you are your union’s representative in the workplace. For some members, you may be their only contact with your union. A union leader must be an organizer, an educator, a mobilizer, a sounding board, a communicator and an enforcer of workers’ rights on the job. What a Union Leader Needs to Do Attend union meetings to find out what’s happening and to participate in decisions. Report back to your co-workers. Listen to what members say and ask. You don’t have to be an expert in everything, but always get back to folks. Members need to trust you. Greet every new member and welcome him or her to your union. The sooner the better. Strive for 100% union membership in your work area. Get help from your co- workers to make this happen. You can’t do this alone. Hold regular meetings, even if it’s just an informal brownbag get-together over lunch or coffee. Creating community with co-workers is important. If you see a violation of the contract or an injustice in the workplace, act on it — don’t wait for someone to complain. Help co-workers find their own solution and voice. You want to empower and seek out new leaders. Represent all members fairly. It’s not just the right thing to do, it’s the law. Don’t hesitate to stand up to management. When you’re representing a member, and working on union business, you are management’s equal. You have power, use it. Be responsible, credible and a good employee. You’re setting an example. Strong and effective shop stewards make a powerful union. Thank you! 3 What a Union Leader Needs to Know KNOW YOUR CONTRACT . What is says, what it means, how it protects you and your co-workers . Where to find key provisions . How to get contracts into the hands of members . Examine based on your experiences, be prepared to recommend changes KNOW THE GRIEVANCE PROCESS . Explore ways to settle problems without having to file a grievance . Know where to find the grievance process described in your contract . Follow the procedures carefully and be especially aware of timelines KNOW YOUR EMPLOYER’S POLICIES/RULES . Watch bulletin boards, check emails and other places notices are posted . Read your organization’s newsletters, emails and other communications . Have current copies of the policies and procedures and any handbooks . Learn about any statutory rules/regulations impacting your industry KNOW YOUR CO-WORKERS . Learn about their work and working conditions . Know the various departments, job classifications and other details . Keep an up-to-date email or phone list of co-workers to more easily mobilize . Know your fellow union leaders and look for potential leaders KNOW YOUR UNION’S POLICIES/BYLAWS . Know your union’s constitution and bylaws . Know your union’s policies that impact the membership . Know how union decision-making works KNOW YOUR UNION’S PROGRAMS/ACTIVITIES . Know where and when membership meetings take place . Read your union newsletters . Check out your local union website and/or www.opeiu.org . Learn about other union activities KNOW WHAT’S GOING ON IN YOUR COMMUNITY AND CONNECT WITH OTHER LABOR AND SOCIAL JUSTICE ORGANIZATIONS opeiu:153 aflcio 4 FORM: TIPS FOR SHOP STEWARDS. REV. 10/17 Did you know? “Weingarten”* rights apply now when a supervisor is questioning K an employee to obtain information the employee reasonably believes Your could be used as grounds for discipline. If the meeting is solely Weingarten to inform about a discipline without an investigation, these rights may not apply. Rights *From a 1975 U.S. Supreme Court decision NLRB vs. Weingarten, Inc. You have the right to union representation any time you face a meeting or discussion with management that could lead to discipline. Your employer usually has no obligation to inform you of your right to have a union representative present. You must ask for your rights! Your employer must give you time to contact a union representative and allow the representative to be present at the meeting. Here’s what you can say: “If this discussion is an investigation that could in any way lead to discipline or termination, I request that my steward or union representative be present before continuing.” Your employer may: (1) agree to your request and wait for the union representative to arrive or reschedule the meeting; (2) deny your request and end the meeting immediately; (3) give you the choice of ending the meeting or continuing without representation (not advisable!), or (4) deny the request and continue to ask questions. You Check out the award- should then repeatedly, but respectfully, ask for winning Weingarten union representation and protest the denial of your Rights Shop Steward rights. Training Video at www.opeiu.org under Local Union Resources. Contact Your Local Union Representative: THE SHOP STEWARD’S ROLE IN A WEINGARTEN MEETING The rights of employees to have a union representative present when they “reasonably believe” that an investigatory interview is to take place are called “Weingarten” rights, named after a Supreme Court case. Investigatory interviews occur when a supervisor questions an employee to obtain information which could be used as a basis for discipline. A steward can help workers to assert these rights by: • Helping an anxious and inarticulate employee explain an incident. • Raising extenuating circumstances. • Advising an employee against a blanket denial, and, as a result, avoiding an appearance of dishonesty and guilt. • Preventing an employee from making “fatal admissions.” • Helping an employee to refrain from losing their temper in a potentially stressful situation. • Serving as a witness to prevent supervisors from giving a false account of the investigation proceedings. Stewards do not simply have to be passive observers during an investigatory interview, they can take an active role in the proceedings by assisting and counseling an employee. For example, the steward: • Should expect to be briefed by the supervisor on the subject matter of the interview, before the meeting begins. • Must be allowed to take the employee aside for a pre-interview conference. • Has the right to speak during the interview; however, does not have the right to bargain over the purpose of the meeting. • May ask for clarification of a question. • May counsel the employee on how to answer a question. • May provide supplementary information to the supervisor. • May call for a caucus to speak with the employee in private, outside of the room. If the “Weingarten” rights of an employee have been observed, stewards have no authority to advise an employee to withhold answers or to answer falsely, since the worker may be disciplined as a result of such action. Moreover, employers have no obligation to inform employees of their “Weingarten” rights – this is the union’s job. opeiu afl-cio 6 SUPERVISORS AND STEWARDS AS EQUALS When stewards are performing union functions spelled out in the contract or acting in their official capacity, they are considered equals with management. The law provides that stewards must be free to challenge management statements without censorship. The NLRB describes this relationship as: “a relationship between [employer] advocates on one side and union advocates on the other side, engaged as equal opposing parties in litigation.” Stewards act in an official capacity when they: • Investigate grievances • Request information • Present a grievance • Act as a Weingarten representative • Participate in a labor/management meeting Stewards act in an individual capacity when they discuss their own work assignments, performance or evaluation. GREATER LEEWAY ALLOWED A vigorous or heated argument between an employee and a supervisor might lead to a charge of insubordination against an employee. However, stewards are allowed greater leeway than the average employee in discussions with management because they are acting in an official capacity as an agent or representative of the union.
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