Teamster Stewards Make a Difference a Comprehensive Guide for Today’S Teamster Steward

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Teamster Stewards Make a Difference A comprehensive guide for today’s Teamster Steward

An Important Message for Teamster Stewards

Dear Teamster Steward: Thank you for serving as a Union leader at your worksite. To your co- workers who look to you for guidance, support and strength, you ARE the Union in action. What you say counts. How well you listen counts. How well you respond to your members’ questions and concerns counts. You are the leader they look to for everyday assistance and results.

Being a leader is no small task. To help you sharpen your skills and prepare for the tough challenges ahead, we have created this guide especially for you. We encourage you to read the information and learn what’s expected of you as a union steward. You can make a difference to the 1.4 million men and women who comprise the Teamsters Union.

Thank you for undertaking what we believe is one of the most important jobs in our union, that of union steward. Your hard work and dedication will make a big difference as we face the tough challenges ahead.

Fraternally yours,

James P. Hoffa Ken Hall General President General Secretary-Treasurer Teamster Stewards Make a Difference Table of Contents

Chapter 1 Why Stewards? 1

Chapter 2 Getting Started 7

Chapter 3 Getting Involved, Staying Involved 13

Chapter 4 All About Grievances 19

Chapter 5 The Formal Grievance Procedure 31

Chapter 6 Know Your Rights 41

Chapter 7 Stewards As Organizers 59

Chapter 8 Appendix 67

Why Stewards? Why Stewards?

“Teamster Stewards as Leaders in the Workplace” Introduction task. Often, the union and the employer The word “steward” means many things. have different perspectives on workplace In the Teamsters Union, a “steward” is events or what is required by the contract. someone who addresses, on a daily basis, Also, stewards are pressed for time, the members’ needs, wants, interests and working as regular employees while they concerns. Since the Teamsters Union rep- perform their union work on the side. resents 1.4 million members, Teamster Because of these and other obstacles, stewards work long hours to make sure Teamster stewards must work very closely the members have a voice and an advocate with their own members and the local on the job. union leadership team to keep up-to-date Despite the hours and effort, being a on workplace issues, events, problems steward can bring great satisfaction to the and concerns. individual – satisfaction that comes with knowing you have helped someone or Teamster Stewards as Leaders made a difference in the lives of working Teamster stewards are worksite leaders men and women and in the process made who advocate for Teamster members, the Teamsters a stronger union. investigate workplace issues and bring concerns and formal grievances to man- What do Teamster Stewards Do? agement’s attention. Stewards make sure Teamster stewards perform many tasks. the contract is enforced and that members In general, they monitor and enforce know their rights. Stewards watch out for the collective bargaining agreement or things like health and safety hazards that “contract,” which is negotiated by repre- need to be corrected. sentatives of labor and management. Of Stewards attend membership and craft course, enforcing this contract is no easy meetings to gather information and take it

Today’s Teamster Steward is a. . .

Communicator • Problem Solver • Mediator • Educator • Leader Strike Captain • Organizer • Mobilizer • Strategist • Listener Recruiter • Team Player • Motivator • Coach • Political Coordinator Advisor • Project Coordinator • Community Leader • Event Planner Member Advocate • Volunteer Coordinator

2 www.teamster.org back to the members on the job. Stewards in building our union of 1.4 million encourage members to attend member- members in the United States and Canada. ship meetings or participate in union events. Stewards motivate and inspire their Stewards Manual co-workers to understand the union and Since 1978, the Teamsters Union has get more involved. produced a Stewards Manual to help At times, stewards may help stage our stewards assume this role of worksite rallies, meet with politicians on industry leader and advocate for Teamster members and union issues, and help organize new and their families. This manual is one in members into the union. Some stewards a series of new publications aimed at bring their knowledge and expertise about helping stewards and their members face their industries and union into the class- the growing challenges of the 21st century room to help young people connect to the workplace. Each chapter is devoted to world of work and the role of the union. helping stewards build their knowledge Sometimes, stewards bridge differences and skill in key subject areas like informa- that may exist within their own ranks. tion collection, membership advocacy, For example, stewards may have members workplace rights, grievance and arbitra- whose differences divide them. As leaders, tion, organizing, among others. Review stewards try to bring people together – questions follow each chapter so that despite their differences – and try to Local leaders can use this book for resolve workplace conflict. training purposes. In other words, Teamster stewards No one book can provide all the wear many hats and play a critical role answers. Hopefully, this Steward’s Manual

3 Why Stewards?

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complements other information available to the Teamster steward. For example, your local union may have some other Review Questions material that is useful to you. Or, you may want to visit the official Teamsters website • Are stewards expected to at www.teamster.org for news and items be union leaders? of interest. • What does “leadership” A Changing World, really mean? Changing Roles • What role does a Teamster The workplace has changed dramatically steward play on the job? and so have the industries in which we work, in both the public and private • What role do you think is sector. The multinational conglomerate most important? has replaced the “mom and pop” operation. The public employer has “reinvented” • What are the chief obstacles itself through reorganization, downsizing to a steward enforcing the and privatization – trends that threaten contract? stable, union work environments. Technology has also changed the • How will new technology workplace equation. While unions have impact your job or industry? always had to balance new technology How should the union respond? with the need for job preservation, the change that technology brings today is far more dramatic than ever seen before in history. In fact, the full impact of Conclusion e-commerce, the Internet and “real time” Stewards work hard and must adapt communications has yet to be realized. to the demands of the industry or work Consequently, Teamster members environment. They must be the eyes look to their stewards to help them address and ears of the union. They must listen the challenges that change brings — closely to their members, investigate and change at home, at work and in the larger explore the issues and bring concerns to community. Teamster members rely on management’s attention. No longer do their stewards, officers and business agents union stewards simply process grievances; to help them fully understand what change rather, Teamster stewards wear many hats means and what strategies we can employ to be effective in an era of dramatic and to protect members and their families. constant change.

Getting Started Getting Started

“Information is power.”

Get Organized your efforts to advance members’ interests It is important for Teamster stewards on the job. Organizing it and passing it on to develop a good system for organizing to your successor ensures that your efforts all the information and materials that will continue to make a difference well will begin to accumulate —even on a into the future. steward’s first day. You will want to develop a file system Setting Up A System: that will help track issues and grievances Organizing Important Information and maintain historical files related to Information is power. There is a host of grievances, negotiations, organizing and information that stewards can retain and other projects. These files should be distribute as they orient new members cross-referenced by and keep existing members up-to-date • Member Name(s) on key issues facing the union. How you • Issue(s) or Contract Violation(s) organize this information will help you • Date access it in the future. Your file system can be established on How best to establish a basic grievance paper or on a computer. The best system file? What kind of records should you is one that you develop yourself, is easy to maintain? Consider the following: update or maintain, and can be passed on to others. Your file system should be cross- Grievance File referenced for easy access at a later date. Developing a good system will help 1. Grievant Name, Title, Department you and your co-workers be competitive 2. Date of Hire/Seniority Date in the information age since the employer 3. Issue/Discipline or has long applied sophisticated techniques Non-Discipline Matter to the process of collecting and maintain- 4. Contract Language that applies ing information. 5. Date Grievance Filed, Date Violation Occurred Record Keeping and Continuity 6. Information Requests Pending One day another member will assume 7. Responses to Information Requests your responsibilities as union steward. 8. Status of Grievance Organizing the information today for a steward to use sometime in the years Complaint/Issue File to come will be your contribution to building a more powerful union. 1. Member Name, Title, Department Information can be a critical tool in 2. Date of Hire/Seniority Date

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3. Issue 4. Telephone, Pager, Cell Phone Numbers 4. Relevant Dates 5. Email Addresses 5. Status of Complaint/Issue Other Useful Information New Member Information 1. Contact Names for Local (Chief 1. Teamster Privilege Handouts Steward, Business Agent, etc.) 2. Health Insurance Handouts, Forms 2. Copies of Current Teamster Contract, 3. Pension Information Side Letters, Addenda, Riders 4. Information on the Teamsters Union 3. Grievance Forms & Fact Sheets Website (See www.teamster.org) 4. Authorization Cards to Sign Up 5. New Member Kit from your New Members Local Union, if available 5. Dues Check-off Cards 6. DRIVE Cards Card File on Committee, 7. Seniority List Volunteer Members 8. Stewards Quick Guide for 1. Committee Names, Chairs, Orienting New Members (published Contact Numbers by International) 2. Departments, Shifts, Work 9. Employer Policies, Work Rules, Hours of Volunteers Procedures, organized chronologically 3. Addresses so you can see the progression of employer activities.

9 Getting Started

Chief Steward’s Clearinghouse 4. Dates of Membership There are other items that may be best or Craft Meetings maintained in a central clearinghouse– 5. Advisories on Local Union Issues, Events perhaps under the watchful eye of the Chief Steward or Business Agent. These Teamster History, Constitution items may take up a great deal of space or or Local Union Bylaws they may be sensitive in nature. In either 1. Teamster Constitution, case, you will want to hold them in a safe Local Union Bylaws or secure area but make them available to 2. Teamster Century (published stewards who want to review them. by International) A chief steward’s or business agent’s files might contain the following: 3. Teamster Magazine, Teamster Leader (published by International) • Job Postings, Memoranda on Bidding and Awards 4. Contract Updates (International Industry Newsletters) • List of Job Classifications 5. Other Local Union, Joint Council • Seniority List or International Publications

General Information on Local Union Employer Information 1. Names, Telephone Numbers 1. Supervisors’ Names, Titles, of Local Union Contacts Departments, Telephone Numbers 2. List of Local Union Executive 2. List of Employer Policies, Board Members Procedures, Work Rules 3. Standing or Ad Hoc 3. Bulletin Board Postings Committee Information or Other Advisories

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4. Employer Mailings, Newsletters 5. Newspaper Articles on Employer, Industry Review Questions • What must Teamster stewards Collective Bargaining Information do with the information they 1. Bargaining Notes collect? 2. Committee Meeting Minutes or Records • What are the elements of a 3. Information Requests/Employer good filing system? Responses • What are some of the items 4. Attendance Records for stewards should maintain Bargaining Unit Members on site? 5. Seniority Lists, Other Data 6. Annual Reports, IRS 1099’s • What publications are useful for Benefit Plans to hold or distribute on site? 7. Side Letters related to Bargaining 8. Wage Scales, Other Exhibits • Some locals use computerized 9. Job Classifications, Job Descriptions Grievance Tracking Systems. Others use grievance forms General Correspondence and summarize them by issue or date for their business agents 1. From the Local Union and stewards. How do some 2. From the Employer of these systems enhance your 3. From Benefit Plan(s) ability to discuss the issues 4. From Community Organization(s) with management? 5. Other

Laws and Regulations 6. Canada Labour Code, and 1. Federal, State, Provincial Laws that provincial statutes govern workplace or industry 2. Federal, State, Provincial Health Conclusion & Safety Regulations Information is only as good as the system 3. U.S. Department of Transportation you develop to organize and access it at a (DOT) Regulations later date. Teamster stewards who are well- 4. Family Medical Leave Act (U.S./FMLA) organized will be better prepared for their 5. Americans with Disabilities Act meetings with management or discussions (U.S./ADA) with members.

Getting Involved, Staying Involved Getting Involved, Staying Involved

“Motivate your members by setting an example . . .”

Get Moving While it is impossible to know everything, The world is full of Teamster stewards need to stay informed willing people. Some on local union issues and events or indus- willing to work, the rest try developments that may impact your members. By getting involved and keeping willing to let them. current, you make an impression on your members that you care enough to make —ROBERT FROST time for meetings and other activities. You American Poet also motivate your members by setting an example for involvement that they can Get Involved Politically adopt for themselves. 1. Join DRIVE (Democrat, Republication, What can stewards do to keep Independent Voter Education) up to the minute? 2. Staff a phone bank 3. Offer to give legislative testimony • Establish and maintain regular contact 4. Attend rallies and other union with the members you represent sponsored events • Maintain regular contact with your 5. Volunteer at the polls fellow stewards, business agent, local officers and committee members 6. Run for political office, delegate, party chair, committees (the Teamsters • Attend membership, craft and have a program called, “DRIVING special meetings America’s Future” that will train Teamsters • Participate in local union events and interested in running for office. Ask your activities local union for more information.) • Join a local union committee 7. Walk the precincts • Read The Teamster Magazine, The 8. Help educate members about the Teamster Leader, your local union issues that impact Teamster members newsletter or articles on your industry and working families or employer 9. Participate in Lobby Day or “get • Visit official Teamsters Union website out the vote” activities (www.teamster.org) • Maintain regular contact with your Grassroots Political Action frontline supervisor, other employer The more Teamster members and stewards officials participate, the more effective our union

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becomes. You build the union from within A There are so many laws that govern and, later, reach out to the unorganized the workplace that working men and worker who may join because of your women need a voice in government. direct influence and involvement. Union stewards can help promote a pro-union Q What impact do Teamsters have on climate by getting involved in grassroots government policies or legislation? political action programs. A We can reverse some of the fallout from changes brought on by a global Q Why should Teamsters get involved economy or free trade agreement. We politically? can provide a different point of view

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and weigh in on things like fair trade, health care reform, energy policy, job creation, among others.

Q Why should stewards participate in all of this? A Because stewards are the frontline leaders on the job.

DRIVE Program DRIVE means Democrat, Republican, Independent Voter Education. DRIVE is the Teamsters political action fund in the United States. DRIVE was set up because union dues, by law, cannot be contributed to political candidates. Every member you represent should be asked to contribute to DRIVE. New employees should hear about DRIVE at the same time you are explaining to them what the union is and does. Some Teamster contracts provide for DRIVE contributions to be deducted automatical- Review Questions ly from the employees’ paychecks when a member signs up for DRIVE check-off. • What are some ways stewards For members who do not have DRIVE can stay up-to-date? deduction at their worksite, DRIVE contributions must be mailed in. • Why stay current? From time to time, a DRIVE representative will come to your jobsite to talk • What is the official Teamsters about the issues the Union promotes on “URL” or website address? a local, state, regional and national level. Listen carefully and learn more about • What is your local union’s URL? the issues and the DRIVE program. It’s our voice and it’s our future. It’s our • What does DRIVE stand for? chance to have a say in the political system Why should Teamster members and the way decisions are made. and stewards participate in Contact your chief steward, officers DRIVE? or agents for more information on the DRIVE program. 17

All About Grievances All About Grievances

Defining a Grievance your bargaining notes where the parties – Although the dictionary provides a very labor and management – talked about broad definition of the term “grievance”, the specific contract clause in question or Teamster Stewards must turn to their spoke of their intent at the time the lan- specific contract for the exact definition. guage was proposed or agreed upon. Teamster collective bargaining agreements — or “contracts” — may define a Grievances and the Law grievance in several ways: Most Teamster contracts reiterate rights or • Any dispute between the union and restrictions governed by law. For example, management over the application your contract may contain language giving and/or interpretation of the agree- members rights to take leave under the ment; or, Family Medical Leave Act (FMLA). • Any dispute or difference arising Likewise, Canadian contracts often refer- between an employee and manage- ence provincial or federal law. ment or between the union and man- Once written in the contract, legal agement; or, rights may be grieved if violated. • A violation of the contract. Therefore, writing the law into your contract gives you a powerful tool to redress You might also grieve violations of legal issues that would otherwise have to state, provincial, municipal or federal law, be taken to court. company rules or policies, unfair or dis- What happens if your contract does parate treatment of workers and “past not mention or restate some of these practices”, unless your contract language employment laws? What if your contract is prohibits you from doing so. silent on these issues? Generally speaking, Contractual grievances include local, state, provincial or federal laws violations of supersede the contract whenever the con- • the contract tract language violates or contradicts the • memoranda of understanding or rule of law. Consult your Business Agent side letters for more information if you wish to pur- • previous arbitration awards sue a violation of rights by law. Many of your grievances will relate to violations of the contract, such as dis- Grievances Over Employer putes over interpretation of the written Rules and Policies language of your contract or intent of the While employers are obligated to abide by parties during negotiations. Sometimes, the contract, they often have the right to you will reference the article and section make and implement rules related to the of the contract that you believe has been orderly and efficient operation of the violated. Other times, you will refer to business, so long as:

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• the employer provides notice to the employees and the union; Griev·ance, n. An actual • the rules are reasonable “on their face;” or supposed circumstance and, regarded as just cause for • the rules are reasonably and fairly applied. protest; a complaint or protesta- Management’s uneven or unequal tion based on such a circum- enforcement or complete disregard for its stance; a real or perceived own rules are common grounds for a injustice; Indignation or resent- grievance. ment stemming from a feeling of Grievances About Unfair or having been wronged. Disparate Treatment (See American Heritage Dictionary of the English Language Third Edition, 1996) “Disparate treatment” occurs when two people are treated differently in the same or similar situation so as to harm or nega- Past Practice Grievances tively affect one of them. “Past practice” is a term that is often mis- While the terms “disparate treatment” used. Past practice refers to policies, proce- and “discrimination” are often used inter- dures, benefits or practices that changeably, “discrimination” usually refers to illegal conduct by the employer on the • Occur on a regular basis over time. basis of race, color, national origin, gender, • Apply consistently to the entire group age, sexual orientation, or other protected affected by the practice. classes by law. • Both union and management have Unfair or “disparate treatment” is accepted and/or not challenged. much different. It can cover a broad • Do not violate or contradict the range of incidents and behavior. contract or any written rule. Disparate treatment includes situations A past practice is, by definition where management treats someone dif- - An implied benefit that members ferently because of attitude, personality, enjoy. The contract is either silent on the appearance, past incidents and experi- issue or unclear about the issue. ences, or union activity. Teamster members care about these While your members will bring exam- benefits and practices. Usually the mem- ples of disparate treatment to your atten- bers have engaged in the practices for quite tion for resolution, they require significant some time, uninterrupted or unchallenged documentation by the member and are by management. Stewards, then, are called sometimes difficult to prove. upon to make sure that management does not change working conditions if, indeed,

21 All About Grievances

the union can assert its rights to negotiate. is for the union to prove the existence of an established practice. Some examples of common past practices: Mutual Agreement or Acceptance • Wash up time immediately before the 1. Did the union and management know end of a shift – time that the members that the practice was in effect? use on the clock, for pay. 2. Did anyone object? If the employer • Assignment of new or desired compa- cannot establish that it objected to the ny equipment or property to the most practice or got the union to agree to senior employee. eliminate the practice, the union might A past practice grievance often arises have a convincing argument to main- when management unilaterally — without tain the practice. notice to the union — changes an estab- 3. Did the issue arise during contract lished procedure or disciplines a worker talks? If so, what was the union for engaging in an accepted practice that response? Did the practice remain management wants to eliminate. unchanged after negotiations were What criteria should you apply to completed? determine if a past practice has been unfairly eliminated? What questions No Written Language should you ask to analyze whether or not 1. Is the contract silent on the issue? management has violated the union’s right 2. Is the contract unclear on the issue? to maintain a past practice? No Management Rights Uniformity 1. Is there any language in the contract 1. Was the policy or practice consistently that would restrict workers from dis- applied over a period of time? Did a puting management’s attempts to majority of workers benefit from the eliminate past practices? practice or policy? 2. Does management have the right to 2. Can you identify a set of workers — in change working conditions at will a particular job classification or craft, without consulting or notifying the shift or department, building or facili- union? ty, etc. — who benefited from the poli- 3. What is management’s obligation to cy or practice? bargain on this particular issue? Sometimes the labor board will require Longevity that management negotiate with the 1. How long was the practice in place? union on certain items. Check with 2. Has the practice existed through more your local attorney to see if this issue than one contract period? The longer a violates labor law. practice can be established, the better it

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Past practices are often difficult to all of the criteria listed above, an arbitra- establish, prove and win back, once elimi- tor still may refuse to uphold the griev- nated. In bargaining, management often ance. Check with your Business Agent to brings forward proposals designed to elim- see whether or not you can dispute man- inate past practices. agement’s attempt to eliminate a practice To be successful, stewards need to on your job. assemble a great deal of personal testimony and other evidence to support past Discipline Grievances: practice grievances. Assembling a chronol- Just Cause ogy of the practice along with adequate proof, including membership statements, In nearly all Teamster contracts, an will help your chances of success in griev- employee can only be disciplined or dis- ing a past practice violation. charged for what is termed “just cause.” Caution: employer gifts such as a Determining whether or not an employer Christmas bonus or a Thanksgiving has applied “just and sufficient cause” for turkey are often considered “gratuities,” taking action against one of our members not past practices, if it can be established can be a very complicated matter. that they do not constitute workplace Only if you can answer most of these earnings. Management’s right to direct its questions affirmatively has the employer work force and change operating proce- met its obligation to take action for cause: dures (if it does not conflict with contract • Was a rule or order established? language) has also been upheld in some • Was the rule or order reasonable? arbitrations. Lax enforcement of a rule • Was there adequate notice to the does not create an enforceable past prac- employee about the rule or order? tice. Finally, even if a past practice meets

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• Was there an investigation? Was the following manner: it proper? • Oral warning • Did the investigation produce sufficient • Written warning evidence or proof? • Suspension • Was a penalty imposed? Was it fair and • Discharge reasonable? Did the penalty befit the offense or was it too harsh? What Are “Cardinal Sins?” Some Teamster contracts establish offenses What is progressive discipline? that are so serious, they are called “cardinal Progressive discipline refers to gradual dis- sins.” In effect listing cardinal sins in the cipline imposed by management when it collective bargaining agreement often claims workers have violated work rules or releases the employer from its obligations employer practices. Progressive discipline to impose discipline for just and sufficient adds an element of fairness to the process cause or in a progressive, increasingly and is supposed to ensure that manage- severe manner. ment’s conduct is reasonably related to the seriousness of the offense. Examples of “cardinal sins” include: Progressive discipline usually moves in • Possession, distribution of drugs,

Six W’s of Grievance Handling:

1. Who 4. Why Who is involved? This might include the Why is this a grievance? Contract language, member’s full name, employee number, work rules, policies or procedures, or laws department, job classification, pay rate, shift that were violated. and seniority date(s) or other information for all involved. 5. What What kind of settlement do we want? What 2. When does the grievant want? What is needed to When did it occur? Try to identify the restore the worker to the same position if the specific date, time or shift an incident took injustice had not occurred? For example, if place. Or, you might want to establish a an employee was discharged, the demands chronology of events. for settlement may be reinstatement with back pay and benefits. 3. Where Where did it occur? The exact location 6. Witnesses where the incident occurred, on or off Were there any witnesses? Reach out to employer premises. the individuals who may have seen or heard what took place. www.teamster.org

alcohol on employer premises their rights on the job. Members need to • Fighting on the job or engaging in consult with their stewards when they acts of violence believe their rights have been violated. • Destruction of employer property Sometimes members will want to file a • Theft grievance over an order they followed at the time and, later, determined was a vio- While unions take serious steps to lation of their rights under contract. limit the number of “cardinal sins” that Stewards need to be very careful in these are listed in the collective bargaining situations that the time limits have not agreement, oftentimes unions will agree expired to protest a rule or order that was to some of this language since labor followed or given. boards have already ruled that some offenses are so serious they warrant immediate action. Grievance Investigation Stewards need to educate members There are many ways to investigate and on what they can and cannot do under handle workplace problems. Listening the contract. Stewards need to be mindful and taking notes throughout the process that any action taken against the mem- is one of the most important things a bers should be properly investigated and steward can do. that the penalty is not too severe if action Keys to Good Listening was warranted. Hopefully, you will never have to Stop what you are doing. Try to find a defend a member against unfair treatment. place where you can talk with the member But, if you do, make sure that you listen to without being interrupted. If you are not the facts, investigate, get both sides of the able to get released from your workstation, story, evaluate what action was taken and agree to meet the member at a later time appeal the case to management if, indeed, to find out what happened or what ques- the contract was violated or progressive tions the member has. discipline was not applied. Ask open-ended questions to elicit a description of events, rather than asking Insubordination for “yes” and “no” responses. Let the member know you’re listening. Sometimes workers get accused by manage- Ask questions to get more details. Don’t ment of failing to obey a direct order. This interrupt or cut the member off. Be is typically referred to as “insubordination.” respectful and patient. Stewards need to make sure that members Repeat back the information with the understand that in some instances they can member to make sure you understand draw discipline for refusing an order or what’s been said. Have the member clarify request by management. issues or events that aren’t so clear. Stewards need to educate members on

25 All About Grievances

Take notes. Review the notes with decisions. the member. • Contract and any supplemental Getting the Facts agreements. While most information will originate • Company rulebooks and work rules. with the grievant, there are other people • Seniority, job classification and you may want to interview. Get the full payroll lists. picture by talking to: • Personnel, production, medical records • The Grievant or files, attendance records. • Co-workers • Witnesses to events Fact Sheets on Workplace Issues • Other union representatives and officers Organizing the information you collect • Supervisors, customers on a Fact Sheet will help you better manage the information you collect. (See It is usually best to get management’s sample Fact Sheet and other forms in side before you set up a formal meeting the Appendix.) with the front line supervisor or manager. Hearing both sides gives you insight into Fact sheets help you organize: management’s reasoning in the case or • chronology of events what proof exists, if any. • list of individuals who were involved Records to Review • results of interviews you conducted Look at the records before you meet with • proof or evidence that exists or sup- management. What kinds of records? ports your case • Grievance files, previous arbitration

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• picture of what took place or INVESTIGATION CHECKLIST what contract language was vio- Nothing substitutes for a thorough and proper lated. investigation of the facts. This checklist will Fact Sheets are for your infor- assist you in completing a good grievance mation only. They should never be investigation. turned over to management during J Interview grievant. Listen carefully to his/her the grievance process. Fact Sheets story. help you organize what often J Have grievant write his/her rebuttal to disci- becomes a lengthy record. pline (if appropriate.) Keep all Fact Sheets and any Interview grievant’s co-workers. other records on members’ work- J place problems in a secure and con- J Interview witnesses and management. Get venient location—in a file folder, the 6 W’s. Get a written, signed statement notebook or centrally located file from witnesses. cabinet or drawer. This information J Keep dated written records of all interviews. along with records collected by other J Request a copy of the personnel file (if disci- stewards should be organized in a plinary grievance). way that it will be useful and accessi- J Request any other management records ble in the future. needed (personnel policies, payroll records, Often the difference between seniority list, attendance records, etc.) winning and losing may depend on the quality of the investigation, the J Determine if the problem affects others in the records that support the case and the workplace. union’s ability to evaluate it properly. J Determine if filing a grievance is the best Organizing the information will help strategy for solving the problem. you succeed. Fact Sheets are useful J Check previous grievance settlements for tools to help you summarize what precedents. you learn. J Check the experience of other stewards in Gathering Evidence similar cases. As you investigate and collect infor- J Seek advice, if needed, from Chief Steward mation, remember the following or Business Agent. rules of evidence. J Review the case with the grievant. 1. Opinions are not facts. Make J Anticipate and prepare for management’s sure the member has told you in arguments. specific terms what happened, J Outline your presentation in writing. rather than his or her opinions, feelings or impressions of what J Inform other workers about the issue and organize support activities for the grievance, if appropriate or if it’s a group grievance. All About Grievances

happened. Even though you may not believe a for- 2. Hearsay evidence is not factual. Search mal grievance can be filed, there may be for original sources and witnesses. Try other solutions to the problem. You may to find someone who knows some- still be able to raise the issue with man- thing about the grievance first-hand. agement as a discussion point rather Rumors that cannot be verified con- than a grievance. vince no one. Rumors do little to help If you decide there are sufficient you “win” your point with manage- grounds to file a grievance, make sure ment or later, an arbitrator. you file within the time limits described 3. Facts must be relevant. Secondary in the contract. issues are interesting but spend more time gathering information that Conclusion directly relates to the primary issue The role of the steward in the grievance in the case. process is critical. Stewards must know the contract and be aware of what can and Should We Grieve? cannot be brought before management. Stewards must investigate issues, problems Now that you have the information you and concerns carefully so that they are well need evaluate all the information carefully. prepared to advise the member or con- It may be time to make a decision and front management. plan a course of action. Stewards are advised to take notes If after your investigation you decide and use a Fact Sheet to help organize the there is no basis for filing a grievance, information collected during the investi- discuss the problem with the grievant. gation stage of the process. Use a check-

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Review Questions

• What is the definition of a “grievance?”

• What is meant by the term “just cause?”

• Explain what progressive discipline means?

• What is a “cardinal sin?”

• What is the first thing a steward must do when the member approaches him or her with a problem?

• What are the Six W’s?

• What is a Fact Sheet? How can the steward use the Fact Sheet and Investigation Checklist in meetings with management?

• If a grievance is not resolved informally, what happens next?

The Formal Grievance Procedure The Formal Grievance Procedure

Introduction engage in this dialogue and problem solv- The primary vehicle to enforce most con- ing process. tracts and protect the rights of workers in While there are no prescriptions for the workplace is called “the grievance pro- how to handle every problem, this chapter cedure.” The grievance procedure repre- will help you understand the grievance sents a system of justice on the job where procedure and learn what steps to take workers and their stewards can appeal when a member comes to you with a management’s decisions. problem. How Does the Grievance How long have I’ve been Procedure Work? working here? Ever since they Every Teamster contract is different. threatened to fire me. That is why stewards must know how their contract defines a grievance and —ANONYMOUS what may be filed through the procedure. In general, there are four (4) steps that must be taken in a grievance proce- Yet, having access to a grievance procedure. These steps constitute the formal dure does not mean that justice is appeals process. Each step involves dif- obtained easily. Sometimes management ferent levels of authority within the delays getting back to stewards to embar- union and within the employer’s man- rass the union or lets grievances pile up agement structure. unresolved. Sometimes, members have Each step may have different require- legitimate issues but lack the proof they ments or timeframes that apply to holding need to put management on notice or to a grievance meeting or responding to the press their claim. Some issues cannot be union. Also, most grievance procedures grieved because the contract does not end in some kind of final step like arbitra- allow those particular issues to be appealed tion, which is a process that provides the through the grievance procedure. parties with a final and binding decision Consequently, we have to look at other on the grievance. ways to address members’ problems in addition to filing grievances. Let’s examine the steps of the It is up to the union to figure out the most effective way to respond to any prob- grievance procedure… lem or claim — but the goal must always be to give management incentives to Step 1 resolve the issue peacefully or informally, if The steward and the grievant meet with possible, or at the lowest possible step. The the front line supervisor to resolve the grievance procedure helps the steward grievance informally.

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Step 2 Before you grieve. . . If there is no settlement at Step 1 the grievance is written and filed, another rep- Take Informal Steps resentative of the union — usually the The steward should try to resolve the issue Business Agent — joins the steward and informally, at the lowest possible step. In grievant to press upper management and other words, see if your member and man- resolve the grievance. agement can agree to settle the matter before it is formally grieved or reduced to Step 3 writing. Some Teamster contracts provide for an If you cannot reach agreement, you additional meeting between the union and may move the matter into the grievance upper management. Other contracts pro- procedure and schedule a “first step” meet- vide for a Grievance Panel or Systems ing between the union and management. Board of Adjustment, composed of equal numbers of union and management offi- If you cannot reach a decision... cials, who consider or decide the case. Schedule First Step Meeting Step 4 The first step meeting is usually scheduled by the union steward to give the parties, The parties refer the dispute to a third labor and management, an opportunity to party — called an arbitrator — who issues discuss the matter formally, usually on the a final and binding decision on the matter. record. The first step meeting typically This is what a typical grievance proce- involves the steward, the member and dure looks like, though you will want to front line supervisor. consult your contract to see what proce- The steward should schedule this dure governs your workplace. meeting. Before the meeting takes place,

33 The Formal Grievance Procedure

the steward should brief the member upon until such time as the steward can on the purpose of the meeting and ways consult with the grievant (or Business the member can prepare for the meet- Agent) on whether or not management ing. Once the meeting takes place, the has posed an adequate remedy. steward does most of the talking and First step meetings are often con- the member is there to clarify the facts tentious. That is why Teamster stewards as needed. need to keep the discussion on track. A It is important for the steward to focus formal agenda will help you guide discus- on achieving an appropriate remedy to the sion and keep things focused. Sometimes problem. While the union and manage- management wants to sidetrack the issue ment will likely take different positions at or distract the grievant with some difficult this meeting, the steward has to keep or embarrassing questions. At these times, focused on what it is he or she is trying to it is important for the steward to get the achieve for the member. Stewards should discussion re-focused on what matters, outline their presentations, take notes and caucus to consult with the grievant or re- ask management for clarification or more schedule when the parties have had a information. No remedy should be agreed chance to “cool down.” www.teamster.org

Writing the Grievance information in the written grievance could give the employer an edge in In the event that you cannot resolve the preparing its response to the union. issue informally with management, you will need to file a formal, written griev- 3. If required, refer to all contract viola- ance. Here are some tips for completing a tions. Include all contract provisions grievance form: that may be applicable to this particular grievance. You want to indicate 1. Limit statements to the basic facts. The which contract Articles have been vio- purpose of the written grievance is to lated along with some general language trigger the formal steps of the griev- that allows you to point to other lan- ance process and notify the employer guage in the contract that applies. of the basic facts, alleged violation and Example: “(What was violated?) and all the requested remedy. other articles that apply…” 2. Leave out arguments, evidence and 4. State the union’s position. In clear justifications. Arguing the merits of the terms, express how the employer vio- case is reserved for face-to-face meet- lated the contract. ings with the employer. Disclosing this The Formal Grievance Procedure

Example: Employer suspended griev- what to expect prior to meeting with ant without just and sufficient cause. management. If you and the grievant are 5. State a full, possible remedy. The pur- well prepared, you may be able to resolve pose of the grievance procedure is to the grievance at Step One of the grievance “make the grievant whole.” That is, to procedure. At a minimum, your prepara- undo the harm that’s been done, and tion should ensure a reasonable discussion to restore the position or standing of rather than one you “make up” as you go the grievant. Remember, since you get along. Remember, the goal of any discus- what you ask for and nothing more, sion is to gain an agreement both sides make sure you include a full remedy. can live with. The handling and docu- 6. Consult with the grievant. Review mentation at this step can have significant the written grievance with the mem- impact on an eventual arbitration. ber. Explain what remedy the union How do we persuade management? may seek. How do we conduct ourselves in a griev- 7. Have the grievant sign the grievance ance meeting? Here are some things to keep form. This guarantees that the griev- in mind: ant has seen and read the grievance • Outline your presentation and provides legal protection for the • Prepare an agenda, notes union when determining the final set- • Brief member before meeting tlement of the grievance. The excep- • Stay on track tion is that if the grievance does not concern discipline, the steward may • Be professional sign a grievance on behalf of the • Don’t argue—ask questions union if the steward believes the • Justify your position with good group as a whole has been harmed. examples, evidence or proof • Keep you member focused, on track Presenting or Settling • Ask lots of questions about manage- the Grievance ment’s position, reasoning • Present a fair remedy, justify the remedy Once you have fully investigated the case and decided it should be grieved, prepare • Cite the contract yourself and the grievant to give the best • Take a break or “caucus” if needed to possible presentation to management. Your consult with the grievant goal is to solve the problem at the lowest • Take notes step of the grievance process. Careful prepa- It’s your meeting, take charge! ration will make this more likely. Decide what role the steward and the Going to Arbitration grievant will play in the grievance meet- When talks break down, the union may ing. You will want to brief the grievant on

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take the matter before an arbitrator. An tion grievances, the burden of proof is arbitrator is a third party, presumed neu- almost always on the union. As the case pro- tral and may be secured by the parties to ceeds, the burden shifts. The arbitrator usu- hear a case and render a decision. ally rules in favor of the party who has suffi- The grievance procedure in your con- ciently met the burden to prove the case. tract will usually specify how the arbitrator is chosen. Some contracts provide for a The Time and Cost of Arbitration standing (or permanent) arbitrator. Usually, The contract will usually state how many the parties will request a list of potential days the union has to request arbitration arbitrators from the American Arbitration and may further specify a time limit on Association, the Federal Mediation and how long the parties have to choose an Conciliation Service or another mediation arbitrator and schedule the hearing. Some agency in your state or province. contracts mandate that the arbitrator make a decision within a certain number The Arbitration Hearing of days, though this is difficult to enforce. An arbitration hearing is usually held off- Arbitration is quite costly. The outcome site. The parties convene in a conference of arbitration is never quite ensured. room and sit on opposite sides of a table, Consequently, the union explores settle- with the arbitrator presiding. Sometimes a ment options throughout the process. court reporter takes notes at the hearing Sometimes, grievances are dropped at the and prepares a transcript for the parties. third step of the grievance procedure if the While arbitration is a formal process, it is a union believes it lacks credible witnesses or less formal proceeding than, say, a court of sufficient proof to win before an arbitrator. law. The rules of evidence are somewhat relaxed and grievants are given greater Appealing Arbitration Decisions opportunity to tell their story than they Arbitration decisions are final and bind- could before a formal court. ing. It is extremely difficult to have an Regardless of how formal or informal arbitrator’s decision overturned. The the proceeding, stewards should counsel courts are reluctant to review an arbitra- their grievant and witnesses to conduct tion decision and will do so only on proce- themselves in a respectful fashion, giving dural grounds such as fraud, arbitrator greater reason for the arbitrator to rule in misconduct, hearings ending before the the union’s favor. losing party presented its case, if the arbi- The arbitrator is like judge and jury. trator exceeded his or her authority under The arbitrator can render final and bind- the contract or if the union violated its ing decisions. duty of fair representation. On the other In discipline cases, the burden of proof hand the courts will enforce an arbitrator’s is on the employer. In contract interpreta- ruling if the losing party fails to comply

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with the decision. reviews witness statements, supporting Decision to Arbitrate documentation and other evidence to Does a member have the right to press a see whether or not the grievance can grievance to arbitration? Who makes the be arbitrated successfully. decision to arbitrate? Stewards need to • Sometimes the bylaws or history of a keep in mind: local union provides for a grievance • A member does not have a legal right screening committee that examines all to insist that his/her grievance go to cases and decides which ones the arbitration. Still, the union does all it union will forward to arbitration. Of can to represent the interests of this course, these committees work more member, including taking the griev- effectively when the grievant, steward ance as far as it can to resolve it with and Business Agent are involved in the management. process. • The decision to arbitrate a grievance is • The local union usually provides the usually made on the merits of the grievant with written notice of the grievance. The union takes into con- date, time and location of the arbitra- sideration the facts of the grievance, tion hearing. The grievant is usually the past success or failure in arbitrating invited to be present at the hearing. similar grievances, how the grievance The steward is often present at the impacts the unit or contract overall, hearing. among other factors. The union • If a decision is made not to take a

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grievance to arbitration, the steward should describe the structure of the griev- and member are usually apprised of ance procedure in your case. the reasons for this, verbally and, Arbitration is usually the last step in sometimes, in writing. most grievance procedures. Arbitrators • The local meets or confers with the issue final and binding decisions. grievant and witnesses in advance of Arbitration decisions are rarely, if ever, the hearing to review what will take overturned and then, only then, for proce- place and clarify outstanding issues. dural reasons. The local takes final steps to make sure it has all the information it needs that is relevant to the case, including infor- Review Questions mation that was requested of the employer. • What is the role of the grievance • It is not required that the union procedure? Why have one? employ counsel at the hearing. In fact, • What are some of the advan- many arbitrations are held without tages of the process? What are legal counsel present. some of its disadvantages? • The grievant does not have a legal right to have his/her own attorney rep- • In writing up a grievance, what resent him/her at the arbitration hear- information should you include? ing. However, the union may permit an attorney to be an observer or to • How should the steward take an active role at the hearing. conduct the first step meeting? What is the role of the member Conclusion in this meeting? The grievance procedure represents the justice system in the work setting. It allows • What issues can a steward union members to appeal what they process through the grievance believe to be violations of the contract or procedure? unjust conduct by management. • Does a member have a right to Stewards play a critical role in this press his or her grievance to process. Stewards field questions, concerns arbitration? Why or why not? and potential grievances, investigate the facts, talk to witnesses and bring the issues • What happens if you don’t like before management in informal and for- the arbitrator’s decision? Can mal meetings. If the grievance cannot be you appeal? Under what resolved, it is typically taken up at a higher conditions? level or “step” in the process. Your contract

Know Your Rights Know Your Rights

Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.

—REV. DR. MARTIN LUTHER KING, JR.

Introduction cannot do as a union member or steward, Stewards have the right to engage in union and other rights afforded you by law. activity. The contract sometimes restricts the number of stewards or the extent to Right To Engage in which they can engage in union activity on Union Activity the employer’s time. Stewards enjoy cer- When meeting with management to per- tain protections afforded by labor law, like form his or her union duties, the steward access to information, the right to engage is afforded the full protections of the management in a discussion of workplace National Labor Relations Act. (Note: All issues and concerns, and the right to oper- stewards are advised to review their con- ate as a steward free from supervisory tracts and consult with local leaders to see harassment. if there are any limitations on their rights Likewise, members have rights, too. to engage in union activity. For example, They have the right to the protection of some collective bargaining agreements the contract. They have the right to a limit the time during which a steward can union steward in an investigatory meeting. perform union duties.) They have the right to join the union and For example, stewards and other union associate with union members or engage representatives cannot be punished or dis- in union activities. The contract may criminated against because of their union restrict their right to engage in union activity, for filing grievances, conducting activity on employer time. union business at the appropriate time Let’s review some of the rights and described in the contract, or raising work- limitations provided by labor law. Most of place issues with members of manage- the rights described below apply to the ment. They cannot be punished for serv- private sector. Similar rights may apply to ing on a bargaining committee or distrib- public sector workers, those working in uting union literature at the appropriate the airline industry, and workers in time, if limited by contract. Canada. Check with your local union for • Management cannot retaliate against further information on what you can and union stewards because of their union

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activity. Supervisors may not: and receive information from the employ- • Supervise a steward more closely than er that is relevant to processing grievances other workers and negotiating contracts. The employer, • Assign the steward more difficult work as part of its legal duty to bargain in good or work in a remote location with the faith, is obligated to provide information intention of punishing or isolating that to the union upon request. (Note: other steward collective bargaining laws extend similar • Deny the steward pay increases or pro- rights to information.) motional opportunities Undue Delays or Refusals. Sometimes the employer refuses to share information • Deny the steward overtime with the union or may unreasonably delay • Enforce work rules more strictly turning over the information to the stew- against the Teamster steward ard. In any event, the steward may want to If management is found to engage in file a new grievance alleging failure by the any of the above activities, or in similar employer to furnish information “neces- kinds of actions that intend to punish sary to effectuate the grievance procedure.” stewards for union activity, you should In other words, the information the union contact your Business Agent immediately. seeks is “relevant and reasonably necessary You may decide to file a grievance or, in to the Union’s performance” as the exclu- recurring or serious situations, a charge sive collective bargaining representative of with the labor board. the employees. A favorable arbitration ruling on such Access to Employer Information a grievance may establish a new shop rule Under the National Labor Relations Act under the collective bargaining agreement (NLRA), unions have the right to request that can be enforced in the future. Or, an

43 Know Your Rights

employer’s refusal to furnish information a “timely manner.” What is considered for a grievance hearing may be used at an “timely” depends on each situation. If arbitration to establish a presumption of the union believes that an employer is guilt against the employer. In the event untimely, it may want to file another that the local union wishes to file an grievance on this particular issue. unfair labor practice charge with the • The employer will be required to com- labor board, taking the above steps are ply with the union’s request—so long useful in getting a favorable ruling against as the information is in its possession employers who engage in unreasonable or and compliance with the request does unscrupulous tactics. not create an undue burden on the Stewards need to know that there are employer. some restrictions on this requirement to • The information must be provided in provide information to the union. They are: a useful form. • The union must request the • The request for information must be information. specific and related to the grievance. • The information requested must be The union cannot go on a “fishing relevant to an actual or suspected expedition.” grievance. • No alternative means for obtaining the Information You Can Request information is available. From The Employer • There are cases where an employer may not be required to provide infor- • accident records mation to the union, even though the • job descriptions information requested may be rele- • attendance records vant. These situations arise when other • material records interests override the union’s need for • bargaining notes information. They include: privacy • payroll records issues (i.e. test scores, medical records) and business interests or confidentiali- • company memos ty issues (i.e. trade secrets). • performance reviews • The request for information need not • contracts be in written form. However, it is • personnel files advisable to make the request in writ- • correspondence ing to document the date of the • photographs request. • disciplinary records • The employer must provide the • reports and studies requested information to the union in • equipment specifications

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• salary and bonus records • evaluations • seniority lists • inspection records • supervisors’ notes • insurance policies • time study records • interview notes • training manuals • job assignment records • videotapes You may also be able to secure records on chemical hazards, employee training, production standards, subcontractors, among others. You may also consider requesting information related to custody of information or chain of command.

“Weingarten Rights” The U.S. Supreme Court’s 1975 decision in the Weingarten case held that if the employer requires an employee to submit to an investigatory interview and denies the employee’s request for union representation, then the employer is in violation of the National Labor Relations Act. Oftentimes, stewards must evaluate whether or not a member’s Weingarten Rights were violated. Consider the following requirements: • Union members have the right to a union representative at an investigatory hearing if they reasonably believe that the investigation could lead to disciplinary action. • The member must request a representative; the employer has no obligation

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to inform the employee of that right. represent all employees in the unit, both • Management does not have to call the members and non-members alike. The representative. Instead, the employer legal term for this is the “duty of fair repre- can stop the meeting or just issue the sentation.” discipline. Addressing the members’ questions, • Once a union representative is called, concerns, issues and grievances in a timely he/she has the right: (1) to know the manner represents one way that the subject of the investigatory hearing; (2) Teamster steward can uphold his or her to confer with the member prior to the duty to fairly represent the members. hearing; and, (3) to speak and partici- The following guidelines will assist you pate in the hearing. However, the rep- in processing grievances and upholding resentative cannot argue the case since your duty to represent your members: this is not a grievance hearing. • Consider all grievances solely on their • An employee does not have the right merits. The decision whether or not to to select the representative of his or her process a grievance must be based on choice. For example, the department the merits of the particular grievance. steward will be called, if available. The This means that you must look at the nearest available representative will be facts underlying the grievance to deter- called if the department steward is mine whether if a violation has unavailable. occurred, and if so, whether to pursue 1. If the employer is responsible for the it through the grievance procedure. representative not being available, then • You may not refuse to process a griev- the supervisor must end the meeting ance because you do not like the griev- until the representative is available; ant. Your determination cannot be 2. If the union is responsible for the rep- based on personality, politics or how resentative not being available, then you feel about someone, positively or another representative or employee negatively. Enforcement of the contract can be called in, unless the supervisor is your primary concern. chooses to postpone the meeting. • Investigate the grievance thoroughly. A 3. The member can ask for a witness if superficial investigation may not no steward is available. uncover all the facts. Interview the grievant. Locate and interview witness- The Duty of Fair Representation es. Follow up on all leads. Be sure to get the grievant’s complete account of The union, through certification or recog- what happened in, say, a discipline case nition, is established as the “exclusive” bar- and talk to the witnesses suggested by gaining representative for all employees in the grievant. Make every attempt to the bargaining unit. The union must fairly verify what has been said by both the

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grievant and witnesses. Remember, grievance is filed. you have a responsibility to investigate • Take notes and keep written records. a grievance before you decide whether Begin to take notes as soon as practi- it has any merit. cal. Don’t rely on your memory. Keep a • Process the grievance promptly and do record of all discussions with the griev- not miss time limits for filing and ant and the employer about the griev- appealing grievances. You must file and ance. Keep a copy of all correspon- appeal grievances within the time limits dence and documents relating to the established by the grievance procedure grievance. Your written record estab- in your contract. Failure to comply with lishes that the union investigated the the negotiated time limits could leave grievance and made an objective deci- the grievant with no recourse against sion on the merits. management. If you need more time to • Keep the grievant informed. The griev- investigate, file the grievance so as not ant should be kept informed of the sta- to miss the time limits. An investigation tus of his/her grievance, where it is in does not have to be completed before a the grievance process, and any man- Know Your Rights

agement responses. Any union deci- good faith and to make a determina- sion on the grievance should immedi- tion to process the grievance on its ately be communicated to the grievant, merits. Don’t let the time limits expire preferably in writing. This includes before making a decision. Make a decisions not to file a grievance, to determination whether and how far to drop, withdraw or settle a grievance, or process a grievance on the basis of the not to go to arbitration on a grievance. investigation of the grievance, past suc- • Treat all members of the bargaining cess or failure in arbitrating similar unit the same. It is unlawful to refuse grievances, and the importance of the to process, or to give superficial treat- grievance to the entire membership. ment to, the grievance of a person who Document this decision in writing. is not a member of the union. • If the grievance clearly lacks merit and Likewise, grievants who have been cannot be won at the lower steps or in political opponents of the steward or arbitration, drop it. The grievant should current administration must be treated be informed of the decision and the the same as all other bargaining unit union should make a written record of members. the objective reasons why it declined to • Non-discrimination. The union can- file or dropped the grievance. not discriminate against grievants • The settlement of grievances. A union because of their race, gender, age, or has a right to settle grievances as it sees ethnic background. fit. Again, there should be a written • Have a valid reason for any action record made of the settlement itself taken on a grievance. The law requires and the reason(s) why the settlement a union to consider a grievance in was made. Of course, when a grievance

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is settled, the grievant should be good faith and faced unfair labour practice promptly informed. charges if they did not comply. A post-war OVERVIEW OF LABOR LAW legislative effort eventually produced the Canada Labour Code, which governs col- Stewards are not expected to be lawyers, but lective bargaining throughout Canada. knowledge of labor law is essential to your Employment standards and human rights work. The major activities of the union— legislation on issues of pay and equity also bargaining, organizing, servicing and politi- exist to protect workers. Workers have the cal action—have numerous legal precedents right to refuse hazardous work in most and restrictions governing them. jurisdictions. You should have a general idea of what Rights and protections for union rep- laws govern your activity and that of other resentatives and their members vary stewards and members, on the job, in your province by province. Check with your community, on a picket line or at a public Business Agent for more information on hearing. You should work closely with labour law and legislation in Canada. your Business Agent, principal officer and local counsel if a legal determination must Railway Labor Act of 1926 be made on a workplace issue. This was the first law Congress enacted to Remember, laws vary and those of you give workers collective bargaining rights. in the public sector or Canada, those who In this case, railway employers were work for a federal employer or in the air- required to bargain collectively and line, air cargo, or rail industry should con- employees were guaranteed the right to sult your Business Agent for more informa- select their representatives. Employees tion on your rights and limitations by law. gained rights to engage in union activity without fear of reprisal. The National Collective Bargaining Laws Mediation Board (NMB) was established Canadian Labour Code, Provincial to handle disputes involving representa- Statutes tion, bargaining units and contract terms. If mediation failed, voluntary arbitration Teamsters in Canada are governed both by was provided for. An emergency disputes federal and provincial statute. Canadian procedure was also provided. labour relations legislation had its begin- Recommendations from the emergency nings in the early part of the 20th century board were not binding. Airlines and air- when conciliation was required before line employees were later covered by the strike action during a labour dispute. After Act’s provisions. 1935, Canadian legislatures also guaranteed the right of employees to engage in collec- Norris-LaGuardia Act of 1932 tive bargaining and select bargaining agents. Congress restricted the power of the Employers were required to bargain in Federal courts to issue injunctions in labor

49 Know Your Rights

disputes and, therefore, gave unions circulate blacklists. greater freedom to apply economic pres- The Wagner Act was amended in 1947 sure against employers. Unions could now by the Labor Management Relations Act use the boycott, strike and picket line (LMRA or “Taft-Hartley”) These 1947 against employers with less fear of inter- amendments, in an effort to weaken vention by the courts. This restriction on unions, outlawed the closed shop, jurisdic- the use of injunctions did not apply to tional strikes and the secondary boycott, state courts. Subsequently, about one-third and established other union “unfair labor of the states enacted similar laws limiting practices.” Taft-Hartley also contained sec- the use of injunctions in labor disputes. tion 14(b) permitting states to pass “right- However, Norris-LaGuardia does not to-work” laws denying unions and bar an injunction against a strike in viola- employers the right to negotiate union tion of a no-strike clause in a contract. shop agreements. Also, under the Taft-Hartley Act, the NLRB can seek injunctions against strikes, Labor Management Reporting and picketing and boycotts in some situations. Disclosure Act of 1959 (LMRDA or “Landrum-Griffin”) National Labor Relations Act While Taft-Hartley restricted the power of (NLRA or “Wagner Act”) unions to organize, bargain with employ- In 1935, the U.S. Congress enacted a law ers and seek help from sympathetic trade guaranteeing workers the right to bargain union brothers and sisters during a strike, collectively through representatives of it did not regulate the internal affairs of their own choosing and “to engage in unions. concerted activities for the purpose of The Labor Management Reporting collective bargaining or other mutual aid and Disclosure Act (LMRDA) saw or protection.” The law placed restrictions Congress regulate the day-to-day affairs of on employer opposition to unions and unions. This law includes a so-called “Bill enumerated employer “unfair labor prac- of Rights” to protect union members. tices.” The National Labor Relations However, the rights set forth were already Board was created under the Act to: 1) provided by most union constitutions. It investigate complaints of unfair practices, covers such things as the right to nominate and 2) to supervise elections to determine candidates, vote, attend union meetings, whether a majority of the workers desired procedures for increasing dues and assess- union representation. ments, the right to a copy of the collective This Act outlawed the formation of bargaining agreement. Specific procedures company unions. Employers could not on conducting elections are spelled out. fire or otherwise penalize employees for The law established a system of report- union activity, force employees to sign ing the financial affairs of unions and “yellow dog” contracts, hire labor spies or union officers. It also established regula-

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tions governing union investments and ing their employees. use of union funds. The last section of this Many states have adopted some form law amended the Taft-Hartley Act and fur- of legislation covering labor-management ther restricted secondary boycotts, “hot- relations. More than 25 states have com- cargo” clauses and some types of picketing. prehensive collective bargaining laws covering public employees. Labor Management Relations in Federal, State and Local Service Postal Reorganization Act of 1970 The machinery for collective bargaining This act contains a system of collective for federal government employees was bargaining for postal employees compara- established by Executive Order and issued ble to what may be found in the private by President Kennedy in 1962. President sector. It placed the U.S. Postal Service Nixon revised this Executive Order in 1969 under the jurisdiction of the NLRB to and President Ford in 1975. The Civil determine employee representation issues Service Reform Act was passed under the and provided that labor relations be gov- Carter Administration which codified erned by LMRA. It provides for settling organizing and bargaining rights for feder- negotiation impasses and grievances al employees. Therefore, federal agencies through fact-finding procedures, and final have the responsibility to recognize and and binding arbitration outside of govern- bargain collectively with unions represent- ment control. Postal employees are still

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forbidden to strike and may not be com- at time-and-a-half. Children under age 18 pelled to join a union. may not work in hazardous employment, and children under 16 are limited in the Fair Labor Standards Act (FLSA) number of hours that they can work, as A federal law fixing a statutory minimum well as restricted from working in manu- wage and maximum hours for workers facturing, mining and most construction. engaged in interstate commerce was enacted in 1938. The new law applied to men as Equal Pay for Equal Work well as women and minors and provided A long-standing goal of the labor move- that employers covered by the act must ment was reached in 1963 when pay time and one half for overtime. The Congress enacted a law requiring equal original act in 1938 provided a minimum pay for “equal work on jobs the perform- wage of 25 cents an hour and a maximum ance of which requires equal skill, effort workweek of 44 hours, gradually declining and responsibility and which are per- to 40 hours. formed under similar working condi- The act has been amended periodically tions, except where a wage differential is to increase the hourly minimum and based on any factor or factors other than extend its protection to workers in indus- sex,” such as seniority, merit or piece- tries previously excluded from the act. work. The law prohibits any wage equal- Please note: many truck drivers, loaders ization by wage reductions. This law and other related crafts are exempted from applies to employers covered by the Fair various sections of the FLSA by the Motor Labor Standards Act. Carrier Act of 1935. The act also requires that hours Equal Employment Opportunity worked over 40 in most industries be paid Under Title VII of the 1964 Civil Rights

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Act, as amended in 1972, employers, forth the duties of those who control unions, and employment agencies are workers’ pensions funds and all other trust required to treat all persons equally with- funds. The Department of Labor has the out regard to race, color, religion, sex or principal enforcement responsibility in national origin. This applies to all phases reporting and disclosure standards, of employment including hiring, promo- although administration of the law is tion, firing, apprenticeship and other shared jointly with the Internal Revenue training programs or job assignments. Service (IRS) and the Pension Benefit Employers and unions with 100 or more Guarantee Corporation (PBGC). workers were covered in 1965 and coverage was extended each year until coverage Federal Consumer Credit was extended to employers and unions Protection Act of 1968 with 15 workers. Best known for its “truth in lending” pro- The law established a five-member visions, this Act contains significant Equal Employment Opportunity restrictions on wage garnishment, which Commission (EEOC) to handle complaints became effective in 1970. The law restricts of discrimination and try to promote com- garnishment of wages to a maximum of pliance with the law. If the EEOC cannot 25 percent of “disposable earnings” and bring about a voluntary settlement that is prohibits firing a worker on account of agreeable to all parties involved in the dis- garnishment for “any one indebtedness.” pute, it can go to court on behalf of the State laws with more favorable provisions charging parties. Union members are urged for workers take precedence. to take grievances regarding sex and race discrimination to their union first and only Wage Collection Laws to EEOC after the grievance route has been Most states have enacted laws providing thoroughly pursued. for action against the employer by the State Labor Commissioner to collect wages Pension and Welfare Plan denied to an employee. Reform and ERISA Effective Labor Day, 1974, pension reform Service Contract Act law established minimum federal stan- Under this 1965 act workers employed on dards for the administration of private service contracts for the federal govern- pension plans. The Employee Retirement ment are to be paid no less than the pre- Income Security Act (ERISA) sets vesting vailing wages and fringes for that type of standards, funding requirements, fiduciary work in the locality (as determined by the responsibility and establishes a federally Labor Department). Wages cannot be less guaranteed program to protect workers than the federal minimum wage. rights to pensions when an employer goes out of business. This labor-backed law sets Davis-Bacon Act

53 Know Your Rights

In 1931 legislation was enacted requiring Labor. Companies are also required to that workers employed on federally-sup- pay time and a half for overtime after 40 ported construction projects must be hours a week or eight hours a day. This paid prevailing wage rates as determined federal law passed in 1936 also requires by the U.S. Department of Labor. This the maintenance of certain health and prevented the undercutting of union safety standards. wages. In the following years building and construction workers won fringe benefits Social Legislation in the health, welfare and pension area Social Security which were primarily financed by The first program to provide a national employer contributions. But those system of social insurance was enacted in employers who were not paying fringe 1935 to provide protection for wage earn- benefits had an unfair advantage in bid- ers and their families against loss of ding on federally aided construction con- income due to unemployment, old age tracts. In 1964, Congress remedied this by and death. A system of federal aid for relief including fringe benefits in the prevailing for specified groups was also included in wages rates determined by the Secretary the original act. The scope of the act has of Labor. been extended over the years to provide Walsh-Healey Public Contracts Act more services for more people. Companies that are awarded government Benefits for totally disabled workers contracts amounting to more than were later included in the program. In $10,000 are required to pay prevailing 1965 a system of hospital and nursing minimum wages as determined by a pub- home care for the aged was added along lic hearing held by the Department of with a program for voluntary medical

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care insurance, financed jointly by the ients and other medically needy persons. federal government and individuals. The old-age, disability, survivor’s insurance Unemployment Insurance and Medicare are financed by a tax on Unemployment insurance is a joint feder- workers and employers and Congress al-state program to provide weekly bene- determines benefits. fits for unemployed workers covered by the law. Each state determines eligibility, Supplementary Security Income (SSI) amount and duration of benefits and the Amendments to the Social Security Act in program is financed by a payroll tax paid 1972 provided a guaranteed federal mini- by employers only. mum income for blind, disabled and eld- erly persons. This federal program estab- Age Discrimination in Employment lished minimum benefits for the first time Act of 1976 (ADEA) in all parts of the nation. Aid to Families The ADEA prohibits discrimination with Dependent Children (AFDC) still against employees over age 40. The remains a cooperative effort with federal, ADEA prohibits age discrimination in state and local government sharing costs hiring, discharge, pay, promotions and and setting standards for eligibility and other terms and conditions of employ- payments. It is administered by the states ment. The ADEA applies to private and benefits vary widely. employers of 20 or more workers, feder- Medicaid provides matching federal al, state and local governments, employ- dollars for health services for welfare recip- ment agencies and labor organizations

55 Know Your Rights

with 25 or more members. Labor organ- and for the care of a child, spouse or izations that operate a hiring hall or parent who has a serious health condi- office that recruits potential employees tion. The Wage and Hour Division of or obtains job opportunities also must the Department of Labor enforces the abide by the law. The ADEA is also FMLA. enforced by the EEOC. Worker Health and Safety Americans with Disabilities Act (ADA) Occupational Safety and Health Act of 1970 The ADA prohibits private employers and state and local governments with 25 or Until 1970, primary responsibility for job more employees (15 or more after July 26, safety has always rested with the states, 1994), employment agencies and labor with the federal government giving leader- unions from discrimination against quali- ship and technical assistance. Some states fied individuals with disabilities in job set general safety standards applicable to application procedures, hiring, firing, all industries but the trend was toward advancement, compensation, fringe bene- special codes for particular industries and fits, job training and other terms, condi- enforcement was spotty. Under the provi- tions and privileges of employment. The sions of the Occupational Safety and EEOC and the U.S. Department of Justice Health Act of 1970, the federal govern- enforces the ADA. ment has the power to establish and enforce national standards in all states. Rehabilitation Act of 1973 (RA) The law covers all farm and non-farm This Act prohibits discrimination based on workers not already covered by other fed- disabilities and applies only to government eral laws, as well as most state and local contractors. It requires affirmative action public employees. The Secretary of Labor to employ and advance qualified individu- establishes and enforces occupational safe- als with a disability. ty and health standards. The U.S. Labor Department will make inspections with Family Medical Leave Act (FMLA) authority to halt violators, and invoke The FMLA was passed to balance the penalties if violations continue. demands of the workplace with the The law establishes a three-member needs of families, to promote the stabili- commission, appointed by the President, ty and economic security of families, to enforce job safety standards set by the and to promote national interests in pre- Secretary of Labor. State governments are serving family integrity. The FMLA enti- allowed to enforce the act if their plans are tles employees to up to twelve (12) eligible under requirements established by weeks of unpaid, job guaranteed leave the Secretary of Labor. in a twelve-month period for medical Hazard Communication Standard reasons, the birth or adoption of a child,

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OSHA issued this standard in 1983 to ensure that employers and chemical man- Conclusion ufacturers evaluate the hazards of all There are so many laws and regulations chemicals. Once a manufacturer or an that govern collective bargaining and stew- employer designates a chemical or material ards’ conduct. There are many more that as “hazardous”, any employer using it must cover how the work is done in your indus- give workers information concerning these try or on your job. Some laws provide for hazards. The standard specifies three ways the health and safety of Teamster mem- employers must communicate with bers. Others cover things like pensions and employees, through Material Safety Data health plans. Sheets (MSDS); Labeling of Hazardous Stewards need not be lawyers, but it Materials; and, worker training. does pay to be somewhat conversant in Toxic Substances Control Act New federal legislation to control poison- ous chemicals was enacted in 1976. The law Review Questions gives the Environmental Protection Agency (EPA) authority to keep dangerous chemi- • What laws govern Canadian cals off the market. EPA is authorized to Teamsters? require testing by the manufacturer of new or existing chemicals and requires pre-mar- • What does OSHA stand for? Is ket notification of any new chemical prod- there a Canadian equivalent? uct or new use of existing chemicals. • What does the National Labor Worker’s Compensation Relations Act govern and what Workers covered by these state laws receive amendments created the “open medical care and cash benefits when they shop” states in the south and are injured on the job. This is an entirely Sunbelt areas? state-controlled program and laws vary widely in coverage, amount and duration • What do we mean by a union of cash and medical benefits provided the member’s Bill of Rights? What injured worker. Benefits have not kept pace law created these? with rising wages and only a few states • What laws govern the public have maximum benefits for temporary sector? Airline or air cargo total disability equal to two-thirds of the operations? How do these oper- state’s average weekly wage, the original ations differ from workplaces in goal of the laws. Stewards should become the private sector? familiar with the provisions of their state law and how to file claims properly.

Stewards As Organizers Stewards As Organizers

Introduction Organizing is vital to the union. Bringing Those who profess to favor new members into the union helps the freedom and yet depreciate union grow and prosper. The more work- agitation, are people who ers we gain in our core industries, the more clout we have to negotiate good want crops without contracts and develop favorable industry ploughing the ground; they or area standards. The more clout we want rain without thunder have as a union, the more influence we have over grievances or when we lobby and lightning; they want politicians to enact legislation that favors the ocean without the roar working people. of its many waters. The Stewards are the best organizers for the Teamsters Union. You know your mem- struggle may be a moral bers, your jobs, your rights and your one, or it may be a physical industries better than anyone else. You are one, or it may be both. But well positioned to talk to unorganized workers about the benefits of being a it must be a struggle. union member. Power concedes nothing How can we organize new members without a demand; it never into our union? Where do we start? The beginning of any organizing campaign has and it never will. starts with members and stewards willing to help the union grow. It starts with —FREDERICK DOUGLAS union stewards who recognize that being an organizer, on the job and out in the community is one of the most important other worksites. A membership that jobs we hold. understands the union’s role will help the union connect with other industries where Organizing the Unionized the workers may need a union. The first place a steward starts organizing To effectively organize internally, the is in the workplace where he or she works. steward applies the same qualities that go By organizing internally, Teamster mem- into fielding members interests and con- bers are better educated on the issues that cerns, or filing grievances. First and fore- impact the job, the industry, or union as a most, the steward needs to know the whole, and understand what the contract member on a personal level and under- provides. stand that member’s point of view. The A membership that works and stands steward needs to be a good listener and be together forms the basis of organizing able to convey union principles and activi-

60 www.teamster.org ties in a way that engages the member in anti-union campaigns and spend mil- the process. lions of dollars to keep the union out. Having a highly mobilized and educat- Therefore, the Teamsters Union needs ed membership within our core industries all the help it can get to fight back and helps the Teamsters Union reach out to win these campaigns. Members and other workers, other industries and other stewards comprise the best of our vol- worksites more effectively. It forms the unteer efforts. basis of the external organizing effort. Developing Organizing Leads Developing a Commitment It takes a great deal of time and effort to to Organize identify workers in the community who Union members often do not see the need are interested in becoming Teamster mem- to organize, particularly if they enjoy fair bers. Who best to identify potential mem- wages, hours and working conditions, or bers or unorganized worksites than hold jobs in high growth, high wage Teamster stewards? industries. Stewards can do much to Many of you are engaged in driving explain the need to organize today. occupations that take you into the com- Here are some points that may help munity on a daily basis. You spend your you make progress with getting your days traveling the nation’s highways or the members to consider helping out and vol- roads of your local communities, talking unteering their efforts to organize: with customers and, potentially, future union members. Some of you may work • Many of our leading industries are fac- in fixed locations but have a broad net- ing considerable consolidation and work of friends and family members upon change. These demands require that whom you can call. we add to our power at the bargaining How do you develop leads for your table and before decision makers who local leaders or organizing committees? oftentimes decide whether or not Here are some ways you can become an mergers and other consolidations can effective organizer for the local union: take place. • Turnover on the job or in our industry • Consider yourself an organizer. demands continual organizing. Everyday presents opportunities to reach and organize a new worker into • According to recent public opinion the union. Sometimes we miss these polls, workers want to join unions and opportunities because we do not view existing members want to participate ourselves as organizers. If you consider and make a greater contribution to yourself an organizer, you will begin to their union. see how many people you can influ- • Organizing is more difficult today than ence to call the union for assistance. ever before. Employers launch massive

61 Stewards As Organizers

• Identify yourself as a Teamster. relationships with the players in your Sometimes, we identify with our jobs, community. It will naturally generate industries or chosen careers rather an interest in the Teamsters Union. than, say, our union. Identify yourself as a Teamster member. See what kind Levels of Steward Involvement of interest and questions you generate. • Use your network. Stewards have rela- in Organizing tives, neighbors, and friends who Some Teamster locals recruit organizing work for non-union employers. volunteers through a VOC training pro- Personal outreach to these workers is gram. VOC stands for “Volunteer usually more effective than soliciting Organizing Coordinators” or “Volunteer leads through leaflets or mailings. Talk Organizing Committees.” The purpose of to your friends and loved ones. You a VOC program follows: will be surprised how many people • To identify different levels of member- want to “go union” but do not know ship activities that support organizing where to start. and building union power. • Reach out to community groups. Every • To recruit and train members on how local union is rooted in the communi- to conduct these activities. ty, and involved in community and • To develop an ongoing program that political activities. Develop working

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increases members’ skills and levels of way it employs members in organizing may responsibility in an organizing cam- vary. Here are just a few ways Teamster paign or other union activities. members and stewards can support organ- • To create conditions that allow locals to izing. You need to work with your officers launch organizing campaigns designed and agents to see what kind of assistance is to meet their organizing goals. needed, what resources are available to stewards, and how best you can serve. Involving Members LEVEL 1 ACTIVITIES: in Organizing Members & Stewards Perform Job The Teamsters Union throughout the U.S. Site Activities, Some Outreach and Canada is educating large numbers of members on the importance of organizing At Level 1, members and stewards commit non-union competition. There are any to doing a few things on their job to pro- number of opportunities and activities mote the union. Sometimes they will where members and stewards can find handbill on a weekend. Here are some their niche and participate. activities you can do to make a difference: • Educate co-workers on importance of Levels of Activity organizing non-union workers Workers will have different levels of • Collect information on organizing involvement, at different times, depending leads and furnish information to the on their involvement in the union, their local contact person (names, addresses, work and personal life, and the excitement telephone number of unorganized generated by the campaign. The well-con- workers; information on non-union structed Volunteer Organizing Program job sites) should offer a menu of activities that offers • Provide a visible union presence on everyone an opportunity to participate at their job site by talking union and wear- some level no matter how busy they are. ing union buttons, hats, jackets, etc. Volunteering to help, then, is not defined • Get a majority of workers at the job by how many meetings you can attend. site to wear union items. Rather, it is defined as what you bring to • Distribute and collect membership the table. surveys that are sponsored by the local By offering different levels of activities, the number of members who participate • Participate in hand billing unrepre- increases as well as the pool of potential sented workers recruits for the next level of activity. Also, • Attend occasional work site meetings it allows many members to participate on organizing, other activities instead of just the few who have time. • Collect names and addresses of mem- Note: Every local union is different. The

63 Stewards As Organizers

bers interested in volunteering or making a greater contribution to their local Resources Needed: • Basic information or training by the local on organizing and other topics • Chief steward or local staff person to network with the volunteers • Booklets, other standard material • Hats, buttons, bumper stickers, other union items • System to gather and maintain information collected by members

LEVEL 2 ACTIVITIES: Members & Stewards Commit More Time, Volunteer At Least Once a Month Level 2 Members and Stewards are leaders. They agree to volunteer at least once a month to union building activities and organizing campaigns. In a right-to-work state, they will assist in periodic membership drives, with a goal of signing up 100% of the workers into the union. In other set- tings, they will devote significant time to organizing campaigns, participate in house calls, phone banks – you name it – to organize the unorganized. Members and stewards can make a difference by: • Hand billing, informational picketing • Charting worksites, other information • Phone banking • Unrepresented worker work site visits • Making house calls, home visits • Looking up addresses, building lists, performing data entry

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• Preparing and distributing informa- • Organizing calendar, targets tional newsletter • Material, talking points, etc. • Signing up unrepresented workers Resources Needed: Conclusion • Training on house visits and signing Organizing is important. Stewards can up unrepresented workers play a part. Contact your Chief Steward, • List of non-union targets officers and agents to find out what organ- • Regular monthly day for actions izing campaigns are taking place and ways • Organizing plan you can help. • Leaflets, other material Organizing is a team effort. One person cannot do it all. But, stewards and active members can make the difference. LEVEL 3 ACTIVITIES: Think about it: if you did not belong to a Members & Stewards Play a Leading union, who could best persuade you to Role, Commit Time Away From Work, Use Vacation Time To Organize • Willing and able to leave work for short periods of time (i.e. paid lost Review Questions wages or use vacation time) • Why should members and stew- • Salt non-union job for long period ards get involved in organizing? of time • Participate weekly in activities as a • How does organizing contribute volunteer to the union? • May serve as Volunteer Organizing Coordinator (VOC) • What is the purpose of a Volunteer Organizing Committee? Level 3 workers are potential organizing staff. They are rank and file leaders • Describe what levels of commit- who truly want to make a greater contri- ment stewards and members can bution to their union. They devote signifi- make to help their local organize. cant time and effort to organizing and other activities. • In terms of involvement, what Resources Needed: level best describes your current commitment to your union? • Local union funds to pay lost time Where do you want to be? • Vacation days, other leave • Training and supervision for organizing team join? That’s right: a Teamster steward,

Appendix

Each and everyday, Teamster stewards make a difference. We hope the information in this guide is useful to you as you work hard for Teamster members everywhere. Here are some other resources that may help you build your knowledge and expertise as a union steward.

Selections From International Constitution 68

The Teamsters Union Today 71

Structure of the Teamsters Union 73

Human Rights Commission 76

Sample Forms 77

Useful Websites 80

For More Information 86 Appendix

Selections from International Brotherhood Teamsters Constitution & Bylaws

Teamster stewards can look to the needs of the locals which brought it into Constitution of our great International existence. The local unions and the Union to learn more about the goals and International recognize that the interests of the membership are at the core of their objectives of our union. Selections from relationship. The local unions and the this document, which was originally International commit to serve the interests penned in 1903, follow: of the membership by maintaining a Union that is strong, democratic and free Preamble of corruption. The International Brotherhood of This Constitution recognizes and pro- Teamsters was formed in 1903 by repre- tects the autonomy, integrity and identity sentatives of independent local unions of each indispensable part of this great who had the foresight to recognize that the Union-the members, the locals and the ability of each local to provide assistance International. It constitutes an agreement to its members could be improved by the among equal partners who are united by formation of a great labor organization and dedicated to the common goal of which pooled the resources and talents of achieving social and economic justice for the individual locals. In creating the foun- workers everywhere. dation for what has become the largest Today, as we are confronted by the chal- trade union in North America, those local lenges of a global economy dominated by unions agreed to subordinate some of multi-national corporations that sweep past their individual independence in order to national borders and forage the globe in obtain services, support and expertise search of new workers and resources to which none alone could provide but which exploit, we recognize that the future of all could obtain through coordinated working people and the future of our great action by the International Union. Union depend on our ability to organize In entering this new relationship, the the unorganized and to build alliances with local unions preserved their autonomy and workers throughout the world. We recog- identity and structured an International nize that the struggle for human rights, based upon the concept that the heart of including the fundamental right of workers the local is the membership and that the to form and join free trade unions, impli- core of the International must be its locals. cates universal principles which cannot be As the local unions must reflect the inter- confined by national borders. The welfare ests of their members, so too must the of our members is interrelated with the International Union be responsive to the ability of our fellow workers in the global

68 www.teamster.org marketplace to demand and obtain decent tion of our industry requires honest and wages and working conditions from their intelligent membership, adapted to the employers. We pledge to support the legiti- business. We teach our membership the mate efforts of our brother and sister work- advantage, benefits and importance of ers to achieve the right to organize and their industrial position, and we endeavor obtain fair terms of employment. to build-up and perfect a labor organiza- We reaffirm our belief that only tion in conformity with the highest stan- through a strong democratically account- dards of our American and Canadian citi- able Union can workers be protected and zenship. We seek to ensure that the contri- prosper and only with the allegiance of its butions made by our members to improve members and the mutual support of united their industries are recognized and that labor organizations can the Union survive. workers receive the benefits derived from their labors in the form of reasonable Article I hours, fair wages, and improved working Name conditions and respectful treatment by their employers. Section 1. This organization shall be The objects of this International Union known as the International Brotherhood are also to secure improved wages, hours, of Teamsters and shall consist of an unlim- working conditions and other economic ited number of Local Unions chartered by advantages through organization, negotia- the International Brotherhood of tions and collective bargaining, through Teamsters. advancement of our standing in the com- The principal and main office of the munity and in the labor movement International Union, as well as such other through legal and economic means, and all offices as in the opinion of the General other lawful methods; to provide educa- Executive Board may be desirable, shall be tional advancement and training for located at such place and places as are des- employees, members and officers; to safe- ignated by the General Executive Board. guard, advance and promote the principle of free collective bargaining throughout Objects the world; to advance the rights of work- Section 2. The objects of this ers, farmers and consumers, and the secu- International Union are to organize under rity and welfare of all the people by politi- one banner all workers engaged in indus- cal, educational, and other community try; to educate them to cooperate in every activity; to engage in cultural, civic, legisla- movement which tends to benefit the tive, political, fraternal, educational, chari- organization; and to impress upon our table, welfare, social and other activities membership, employers and the public which further the interests of this organi- that it is to the advantage of all concerned zation and its membership, directly or that workers be organized. The organiza- indirectly; to provide financial and moral assistance to other labor organizations or

69 Appendix

other bodies having purposes and objec- determine from time to time. We there- tives in whole or in part similar or related fore determine and assert that the partici- to those of this organization; to engage in pation of this labor organization, individu- community activities which will advance ally and with other organizations, in the the interests of this organization and its pursuit and attainment of the objectives members in the community and in the set forth herein is for the sole benefit of nation, directly or indirectly; to protect the organization and its members. and preserve the International Union as an In seeking to achieve these goals, we institution and to perform its legal and pledge to work with employers that share contractual obligations; to receive, man- our dedication to workers’ rights, as we age, invest, expend or otherwise use the pledge to organize workers and to assist funds and property of this organization to them in their fight against those employers carry out the duties and to achieve the that do not. objectives set forth in this International Constitution and Bylaws and for such additional purposes and objects not inconsistent therewith as will further the interests of this organization and its members, directly or indirectly. The achievement of these objectives within national economies that are dominated by multinational corporations and conglomerates, will require coordination of our activities to maximize our members’ economic strength through national and international bargaining, the establishment of master industry-wide agreements, and the implementation of strategic organizing campaigns. It will require establishment of alliances with community groups that share our objectives, and whose goals we can also support. It is recognized that the problems with which this labor organization is accus- tomed to deal are not limited to unionism or to organization and collective bargaining alone, but encompass a broad spec- trum of economic and social objectives as set forth above and as the Union may

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The Teamsters Union Today Teamsters in Transportation process, store, and deliver most of the nation’s food products. The best-known Teamsters work in the freight industry. About 160,000 Teamsters • When you shop at Costco, chances are are covered under the National Master you will find Teamster men and women Freight Agreement. working hard to make sure you have The largest single employer of Teamster what you need, when you need it? members is United Parcel Service, which • Teamsters work as flight attendants, employs about 200,000 of our Teamster pilots and mechanics for leading airlines members. Thousands more work in the air- and air freight companies? line, airfreight, carhaul and tankhaul indus- • Teamsters operate computers, surf the Net tries, local pickup and delivery, among oth- and work in white collar or technical fields? ers. Many Teamsters drive dump trucks and • Teamsters care for patients in hospitals other equipment to and from construction and nursing homes? sites. Others operate tractor trailers or • Teamsters assist customers at car rental smaller delivery vehicles. Some Teamsters agencies like Hertz and Avis? drive school buses. • Teamsters work at leading hotels everywhere? Teamster Careers in Other • Teamsters work in schools throughout Industries the United States and Canada? The Teamsters Union represents 1.4 million • Teamsters work as technical employees men and women who work in virtually in both the public and private sectors? every occupation throughout the United • Teamsters protect families as law States and Canada. enforcement officers? • Teamsters repair highway bridges and Did you know. . . collect tolls throughout the New York • Teamsters work for some of North State Thruway and Pennsylvania America’s largest companies like United Turnpike? Parcel Service, Anheuser Busch, Costco, • Teamsters mine salt under Lake Erie CSX, Sysco, Coca-Cola, Airborne, and work as public defenders in the Safeway, Disney, United Technologies, state of Minnesota? Sears, and General Electric? • Teamsters transport automobiles, • Teamsters produce the foodstuffs you trucks, and other vehicles? buy at your local grocery? Yes, the men • Teamsters work as railroad engineers? and women who work for Kraft and Land O’Lakes, among others, are • Teamsters make the paper and often Teamsters. That’s right, Teamsters print our newspapers?

71 Appendix

• Accountants • Airline Pilots • Airline Customer Service Agents • Airport Operations Coordinators • Animal Control Officers • Assistant District Attorneys • Assistant Publications Editors • Attendant Office Managers • Bookkeepers • Bookmobile Drivers • Brewery Workers • Bus Drivers • Carpenters • Cashiers • Cement Masons • Chemists • City Drivers • Clerks • Computer Operators • Cooks • Correctional Officers • Court Reporters • Crew Schedulers • Custodians • Dental Technicians • Deputy Sheriffs • Detectives • Dietary Aides • Disney World Characters • Dispatchers • Dock Workers • Doctors • Driver/Sales Workers • Electricians • Electronic Technicians • Emergency Medical Technicians •

Teamster Occupations Teamster Emergency Road Assistance Workers • Engineering Technicians • Engineers • File Clerks • Fire Fighters • Flight Attendants • Flight Engineers • Food Processors • Forestry Employees • Forklift Operators • Gardeners • Group Leaders • Health Inspectors • High Pressure Engineers • Hotel Employees • Housekeepers • Housing Improvement • Investigators • Inspectors • Insurance Claims Adjusters • Lab Technicians • Legal Secretaries • Lead Revenue Auditors • Library Assistants • Licensed Practical Nurses • Lithographers • Maintenance Employees • Marine Safety Officers • Material Analysts • Mechanics • Medical Technologists • Microfilm Specialists • Nurses • Operating Engineers • Over-the- Road Truck Drivers • Painters • Parcel Delivery Employees • Parking Attendants • PBX Operators • Pharmacists • Platemakers • Plumbers • Police Officers • Press Operators • Printers • Programmers • Production Workers • Public Health Educators • Public Works Maintenance Workers • Radio Operators • Railroad Mechanics • Railroad Engineers • Recycling Employees • Refrigeration Engineers • Registered Nurses • Reservationists • Resident Physicians • Salespersons • Sanitation Workers • School Administrators • School Crossing Guards • School Principals • Secretaries • Security Guards • Shipping & Receiving Clerks • Shuttle Bus Operators • Social Workers • Statisticians/Teletype Operators • Toll Collectors • Tool & Die Makers • Tugboat Captains & Crew • Traffic Investigators • Truck Drivers • Undersheriffs • Warehouse Workers • Weights & Measures Inspectors • X-Ray Technicians • Youth Counselors • Zookeepers www.teamster.org

Teamster Structure – U.S. & Canada

Structure

1.4 Million Members Tens of Thousands of Teamster Stewards More than 10,000 Officers, Business Agents, Organizers, Union Staff Members 374 Local Unions 34 Joint Councils 4 Regions and Teamsters Canada 16 Trade Divisions, 4 Trade Conferences and 4 State Conferences International Union Headquarters in Washington, D.C.

The International Brotherhood of you will find hardworking Teamster men Teamsters, with 1.4 million members, is and women making a difference in their one of the largest labor unions in the communities. world. It is also the most diverse. One out of every ten union members is a Local Unions Teamster. The Teamsters is, by far, the What is a “local union?” A local union is largest, most powerful union in the very similar to a chapter or lodge in a com- world and a leading voice on working munity or civic organization. When a family issues and fair trade. worker joins the Teamsters Union, he or she usually joins one of the many locals within Membership the organization. Each local is chartered as There are 1.4 million Teamster members an affiliate of the International Union, throughout the United States and Canada. numbered and usually defined by a particu- Teamsters live and work in all communi- lar craft or industry. Or, it may be a general ties. Even in remote areas like Nova Scotia, local that organizes and represents any Alaska, Hawaii, Puerto Rico and Guam, number of industries or crafts.

73 Appendix

There are more than 450 Teamster local with the leverage that can only be derived unions across North America. That means, through an International organization like there is a Teamster local located in every the Teamsters Union. community – which is great for workers who want to organize and join us. Joint Councils In a local, Teamster members elect Joint Councils help coordinate Teamster their own local officers, devise their own activities in a given geographic area. Joint structure, and vote on their own bylaws. Council governing boards—called They attend membership meetings and “Executive Boards”—are comprised of weigh in on local matters. Teamster leaders from the region. Joint Since the local union is a chartered affil- Councils bring locals together to address iate of the International Union, the local’s issues of common interest, to coordinate bylaws (or governing rules) must conform bargaining and organizing efforts, and to with the International Constitution, a doc- decide things like jurisdiction. Joint ument that sets forth the goals, objectives, Councils allow locals to pool their principles, policies, procedures and regula- resources on a regional basis to have more tions for the entire union. clout in their communities. While enjoying relative independence and autonomy to represent their members, Trade Divisions and Conferences Teamster locals benefit from the expertise and assistance of the International Union, Trade divisions and conferences aid its Departments, trade divisions and other Teamster leaders throughout the country services. Ultimately, the members get the who share common interests and problems benefit of onsite representation combined in specific industries, such as Freight, Dairy

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or Small Package. Teamster Trade Divisions executive officers of the union. The and Conferences provide an informational General Executive Board consists of 22 clearinghouse for locals that negotiate in Vice Presidents geographically located or the same industry or bargain with the same at-large. Three trustees serve as watchdogs employer. Local representatives discuss over the International’s finances. common problems and concerns at regular Between Conventions, the General trade division and conference meetings. Executive Board, guided by the Teamster Constitution, is the governing body for the International Brotherhood of union. The General Executive Board meets Teamsters Headquarters on a quarterly basis. The union’s International headquarters is in Washington, D.C. Long ago, the International Convention, Teamsters Union moved its headquarters General Election of Officers from Indianapolis to the nation’s capital Convention delegates, whom are elected when our leaders saw how important it locally, meet once every five years to was to have a voice and presence on amend the Constitution and adopt meas- Capitol Hill. ures lending direction to the union. The International Union provides a Nominations for top office are made at the variety of programs and services for International Convention. Teamster locals and their members: Elections of officers for International • Coordinated bargaining across industry union office are typically held once every lines and other trade division assistance; five years. Every Teamster member gets a • Training programs for Teamster ballot and may cast his or her vote for can- officers, business agents, stewards didates running for top union office. and members; • Advice and assistance from experi- Get Out the Vote enced organizers, negotiators, The Teamsters Union is the most demo- researchers, attorneys, safety and health cratic union in the world. To demonstrate professionals, auditors, and communi- the power and importance of membership cations specialists. participation, stewards need to remind all • Publications, contract updates and members that they have the right to vote other informational services. and should vote for candidates running for local union and national union office. Teamsters General Executive Board The union’s General President and General Secretary-Treasurer serve as the

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Human Rights Commission

Mission & Purpose national events like Martin Luther King Day celebrations, The Teamsters Human Rights Commission (HRC) builds upon the diversity within the • Develop educational materials on top- union’s ranks. Further, we recognize the ics such as sexual harassment, ADA need to educate, and to learn that different and other forms of discrimination, physical and cultural qualities such as “race, • Bring all members together. age, color, religion, sex, sexual orientation, disabilities, or national origin” make indi- HRC Commission Projects viduals unique and deserving of respect. The Teamsters Human Rights The Commission will actively work to Commission oversees many initiatives that involve all members, crossing the barriers help build the union now and in the of division; increasing opportunities for future. These efforts include administering participation; fighting the discrimination the following projects: that weakens, and uniting our great union. The Commission will build a network of • James R. Hoffa Scholarship Fund communication, creating a powerful voice • Teamsters Disaster Relief Fund to advocate dignity and justice on the job, • Networking with Teamster Caucuses in the community, member-to-member, • Workshops on Human Rights Issues neighbor-to-neighbor, throughout our nations and around the world. The Do you want to learn more about Commission will use its energies to make Teamster scholarships? Ways you can con- our union more powerful, preserving its tribute to disaster relief efforts? Want to foundation for future generations of find out how to join the Teamsters Teamsters. National Black Caucus, Hispanic Caucus, Women’s Caucus or Gay/Lesbian/Bi- The Commission was Sexual/Transgender Alliance? Or, maybe you want to meet your State or Local established to: Human Rights Coordinator. Your local can Assist local unions in promoting diversity, call for workshops on issues like • Eliminate all forms of discrimination Immigration, Issues of Diversity, that divides us on the job, in society Community Service Programs, Youth and in our union, Outreach or Combating Workplace Violence. Contact: • Sponsor conferences that bring togeth- Human Rights Commission er groups to help celebrate their con- International Brotherhood of Teamsters tributions to the fabric of our union, 25 Louisiana Avenue, N.W. • Encourage Teamster participation in

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Sample Forms

Investigation Fact Sheet

Department ______Date ______Shift ______Steward ______Name of employee (s)______Classification ______Seniority Date ______Name of supervisor ______

WHAT HAPPENED: Employee(s) Account: When______Where______Date of interview with employee(s) ______

Supervisor Account: When ______Where______Alleged contract/ rule violation ______Date of interview with supervisor ______

WITNESS NAMES WHAT THEY WITNESSED ______

DOCUMENTS NEEDED: (Check “yes” when received and attach to the fact sheet) J Attendance record J Work Record J Medical Record J Other

*Use Back of This Form for Additional Information*

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Sample Grievance Form page 1

SHOP/DEPT: ______DATE: ______Grievant(s): ______Supervisor: ______Type: J Discipline ______J Language (Include dept., job classification shift, hours, tel. #s)

State the Grievance (describe the problem): ______

Information Requested: ______

Remedy Sought: ______

(If applicable, INCLUDE restoration of full seniority, back pay, benefits & otherwise be made whole.)

Violation of (contract, law, past practice, management rules, fair treatment) BE SPECIFIC: ______

(Include ALL OTHER ARTICLES THAT APPLY.) Witnesses: ______reach at: ______J Y J N ______reach at: ______J Y J N ______reach at: ______J Y J N

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Sample Grievance Form page 2

INFORMAL MEETING, held on: ______(Date, time)

In Attendance: Company: ______Union: ______Company: ______Union: ______

Resolution: J Yes J No If yes, describe. ______

STEP ONE - Resolution: ______

______Steward’s Signature Supervisor’s Signature

STEP TWO - Resolution: ______

______Steward’s Signature Supervisor’s Signature

STEP THREE - Resolution: ______

______Steward’s Signature Supervisor’s Signature

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Useful Internet Links

International Brotherhood of Teamsters www.teamster.org

Teamsters Canada www.teamsters-canada.org

Change to Win www.changetowin.org

National Labor College www.nlc.edu

U.S. Department of Labor www.dol.gov

Federal Mediation and Conciliation Service (FMCS) www.fmcs.gov

Federal Labor Relations Authority (FLRA) www.flra.gov

National Labor Relations Board (NLRB) www.nlrb.gov

National Mediation Board (NMB) www.nmb.gov

Coalition of Labor Union Women www.cluw.org

U.S. Department of Transportation www.dot.gov

Americans with Disabilities Act (ADA) Equal Employment Opportunity Commission (EEOC) www.eeoc.gov/facts/fs-ada.html

Family and Medical Leave Act (FMLA) www.dol.gov/elaws/fmla.htm

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For More Information

Nothing substitutes for knowledge of your The Union Steward’s Complete Guide, contract, your local or your industry. To edited by David Prosten, UCS, Inc., 1633 become more effective as a steward, you Connecticut Avenue, N.W., Suite 300, will want to work as a team and share Washington, D.C. 20009. Telephone: 1- information with your fellow members, 800-321-2545. An exhaustive compendi- stewards, business agent and other officers. um of advice, writings for the union stew- Certainly, there are many resources ard. available to you if you want to learn more The Legal Rights of Union Stewards, and make a greater contribution to the by Robert M. Schwartz (Cambridge, MA: union. For general advice and principles, Work Rights Press, 199 pages). $9.95 for here are some basic written resources for single copies plus shipping and handling. the Teamster steward. Bulk copies available at a discount from Work Rights Press, Box 391887, United States Cambridge, MA 02139. Telephone: The Teamsters Union Stewards Manual. 1-800-576-4552. A great companion to the Available from the International’s Teamster Stewards Manual. Easy to read, Department of Training & Development. Q & A format. Single or bulk copies can be obtained by The Grievance Guide, by the editorial calling (202) 624-8117. A must-read for staff of the Bureau of National Affairs. new and longstanding stewards. Provides Available from BNA Books, 1231 25th useful examples, checklists and other valu- Street N.W., Washington, DC 20037. Call able information. Includes review ques- 1-800-372-1033 for prices on single and tions at the end of each chapter for train- bulk orders. First published in 1959, a use- ing purposes. ful reference. Organized by issue, provides The Teamsters Union Membership information on how arbitrators rule on Manual. Available from the International’s key grievance issues. Department of Training & Development. Words and Phrases: A Dictionary of Single or bulk copies can be obtained by Collective Agreement Language, Sack, calling (202) 624-8117. A great resource Goldblatt Mitchell for Lancaster House for new and longstanding Teamsters. A (see above for ordering information.) 253 must-read on Teamster history, structure pps. Includes arbitrator’s ruling on specific and purpose of the union. Useful for new contract language. Useful guide for member orientation sessions. Canadian trade unionists.

81 Notes:

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83 Notes

International Brotherhood of Teamsters Training & Development Department

25 Louisiana Avenue, NW Washington, DC 20001 202-624-8117