Transcript AMERICAN POSTAL WORKERS UNION, AFL

AMERICAN POSTAL WORKERS UNION, AFL-CIO
ALL CRAFT CONFERENCE
LAS VEGAS, NEVADA
NOVEMBER 5-8, 2007
William “Bill” Burrus, President
Cliff Guffey, Executive Vice President
Terry Stapleton, Secretary-Treasurer
James “Jim” McCarthy, Director Clerk Division
I am a dues
paying member
and I have rights!
DEALING WITH DIFFICULT
PEOPLE
The Art of Dealing
With Difficult People?
Instructors:
Pat Williams, Assistant Director Clerk Div.
Idowu Balogun, Representative-at-Large, Maintenance Div.
Shirley Taylor, National Business Agent Clerk Div.
Marilyn Merow, National Business Agent Clerk Div.
Marty Barron, National Business Agent Clerk Div.
INSTRUCTORS
Pat Williams
Assistant Director
Shirley J. Taylor
National Business Agent
Marilyn ‘Mo’ Merow
National Business Agent
Idowu Balogun
Representative-at- Large
Marty Barron
National Business Agent
SPECIAL THANKS TO:
Joyce B. Robinson, Director
Research & Education Department
&
First Time Instructors of Psychology 101*
Pat Williams *
Assistant Director, Clerk Division
Joyce B. Robinson, Director
Research & Education Department
Marilyn ‘Mo’ Merow *
National Business Agent
Author of Psychology 101
Shirley Mc Lennan *
National Business Agent
Shirley Jean Taylor *
National Business Agent
Woodrow Williams Jr *
National Business Agent
Marty Barron *
National Business Agent
Brian Dunn *
National Business Agent
PREFACE
(Dealing With Difficult People)
The Art Of Applying Diplomacy to the Unique and
Often Difficult Situations That Union Officials Face
PURPOSE:
Enable you to be diplomatic while applying common sense to
difficult situations;
To educate our membership that they are responsible for their
actions;
To educate our membership that the union is not responsible for
all of their problems;
RESULTS:
A change in the attitudes of the small, but vocal minority of the
APWU Membership;
Channel negative energy into positive attitudes; Focus on what
the Union has done for the Membership.
Union Representatives
Often employees ask for our assistance in issues that are not contractual
violations, but instead:
 Valid complaints
 Personality conflicts
 In some cases gripes
The member is often
 Angry
 Hostile
 Demanding
Their solution is
 Often self serving
WHY WE NEED SHOP STEWARD
 They are one of the most important work floor figures
 The best Union Contract in the world is not worth the paper it is
written on if it is not properly policed and enforced
 Article 17, Section 3: the parties recognized the mutual benefit
of having Shop Stewards available during working hours to
discuss problems and potential grievances with the Bargaining
Unit
**Arbitration Decision N8C1EC24632
Summed up the method for policing and enforcing agreements:
“...Stewards are the best vehicle for airing complaints, and
resolving potential disputes to avoid escalating into grievances....”
ATTRIBUTES OF AN
EFFECTIVE SHOP STEWARD
 Awareness of challenges he/she faces
 Desire to compete and achieve
 Courage to stand out among the crowd and be
different
 Enthusiasm for creating new opportunities
 Ability to serve – Understands DFR
SECTION 1:
DFR
DUTY OF FAIR
REPRESENTATION
DFR
IS REQUIRED OF ALL
SHOP STEWARDS/ OFFICERS
Duty of Fair Representation- Derives from Section 9(2) of the
National Labor Relations Act (NLRA) and Section 2 of the Railway
Labor Act (RLA).
The First Supreme Court decision reg. duty of fair representation
was Steele Vs. Louisville & Nashville Railroad, a case under the
RLA.
Workers increasingly bring lawsuits against their union and
employers outside the normal channels of dispute settlement .
Most generally, the claim of performing their duty in a capricious
or defunctory manner is the charge against the union.
DFR AND THE UNION
The Union is vested with responsibility to
represent:
All employees (members and non
members) to the BEST of its ability.
Duty of Fair Representation dictates that:
No union official may represent an
employee in a capricious, perfunctory,
arbitrary or bad faith manner.
• Arbitrary- Shop steward doesn’t have an explanation
why he/she failed to appeal the grievance.
• Capricious- Shop steward has a reason why he or
she did not appeal the grievance, but the reason is not
logical. (i.e. it ended in #5)
• Perfunctory- Shop steward does not conduct a
proper investigation before closing the case and puts
forth little or no effort to determine the facts.
• Bad Faith- Shop steward allows personal feelings,
union politics or bias to interfere with the
representation of the employee.
Rights of the Employee
Under DFR
• To clear and unquestionable terms of the CBA.
Union cannot refuse to follow or enforce the
rules and standards that it has established on
behalf of B.U. employees.
• To have his/her grievance decided on its own
merits. Union is in violation when it trades a
meritorious grievance, to secure a benefit for
another individual or group of individuals
Rights of the Union
Under DFR
• Has no duty to process frivolous grievances, and
it must be free to settle a grievance in
accordance with any reasonable interpretation.
However, in settling disputes, similar complaints
should be treated consistently.
• Steward can make good faith judgments in
determining the merits of a grievance, but must
use reasonable care and diligence in
investigating, processing and presenting
grievances on the employee’s behalf.
WEINGARTEN/MIRANDA RIGHTS
Federal labor law gives employees the right to representation during investigatory interview which the employee
reasonably believes may lead to discipline.
Originated in NLRB v. J. Weingarten, U.S. Supreme Court
1975, Commonly called “Weingarten rule” or “Weingarten
rights.”
Weingarten only applies to an investigatory interview
when management is searching for facts relevant to
determining an employee’s guilt or deciding whether to
impose discipline.
Weingarten rights do not apply when management issues
a disciplinary action to an employee (for example, issuing
an employee a letter of warning).
Steward cannot exercise Weingarten Rights on the
employee’s behalf, unlike “Miranda rights,” which involve
a criminal investigation.
Management is not required to inform the employee of
the Weingarten rule.
Weingarten rule includes the right to a pre-interview
consultation with a steward.
Federal Courts have extended this right to pre-meeting
consultations to cover Inspection Service interrogations.
(Postal Service v. NLRB, D.C. Cir. 1992).
Employee has right to steward’s assistance, not just a
silent presence during an interview covered by the
Weingarten rule.
Employee’s Weingarten rights are violated when union
representative is not allowed to speak, or is restricted
to the role of a passive observer.
Although ELM, Section 666.6 requires all postal
employees to cooperate during investigations, an
employee with Weingarten rights is entitled to have a
steward present before answering questions.
The employee may respond that he or she will answer
questions once a steward is provided.
SECTION 2:
GUIDELINES FOR UNION
OFFICERS/STEWARDS
 FIRST- INTERVIEW THE GRIEVANT
 SECOND – INTERVIEW INDIVIDUALS MENTIONED BY GRIEVANT
 THIRD – FULLY INVESTIGATE EACH COMPLAINT
(Who, What, When, Where, Why & How)
 FOURTH – NEVER ASSURE CASE WILL BE ARBITRATED
 FIFTH – ALWAYS KEEP GRIEVANT INFORMED
 SIXTH – IF DECISION NOT TO PROCEED INCLUDE REASON IN FILE
 SEVENTH – KEEP FILE DOCUMENTED
 EIGHTH – DISCUSS YOUR DECISION OF THE GRIEVANCE
 NINTH - RETAIN CASE FILES FOR MINIMUM OF THREE (3) YEARS
1st
INTERVIEW THE GRIEVANT
• Interview grievant , especially in discipline
cases.
• Keep precise notes of interview
• Get a written statement from grievant and/or
witnesses
2nd
INTERVIEW WITNESS (S)
 Interview each witness
 Question them fully
 Keep precise notes
 Have witness sign and date statement
3rd FULLY INVESTIGATE
EACH COMPLAINT
• Investigate while on the clock
• If denied, file a grievance
• Include the information on the grievance
4th NEVER ASSURE CASE
WILL BE ARBITRATED / WON
• Never assure grievant the case will be
arbitrated
• Never assure grievant that they will be
appealed and won
• We can never be certain of the outcome of
a case
5th ALWAYS KEEP
GRIEVANT INFORMED
• Keep grievant informed of progress
• Notify them in writing of different steps
taken in grievance process
6th IF DECISION
NOT TO PROCEED
KEEP REASON IN FILE
• If decision is not to proceed with case
include a statement in file
• If you settle the case, include a statement
of reason in file
7th
KEEP FILE DOCUMENTED
•
File should include relevant documents:
a) Copy of document notifying grievant of
decision to drop case in file;
b) Copy of Certified Notifications to
grievant and other pertinent documents
8th
DISCUSS YOUR DECISION
OF THE GRIEVANCE
• A review committee or grievant committee
should be established
• Each issue should be fully discussed
• Seek additional advice or counsel, if
necessary
9th
RETAIN CASE FILES FOR MINIMUM
OF THREE (3) YEARS
• Retention time of files or grievances
should be established
• Statue of limitations has been established
by Supreme Court as six (6) months
• Closed files may also be retained with an
adequate retrieval system
A STEWARD’S NEED FOR
REPRESENTATION
A Steward may need representation. There is an official policy
position from the American Postal Workers Union on this issue:
Article 15 states- “The employee shall be represented by a
steward or a union representative. The APWU interpretation of
the foregoing part of Article 15, is that the Steward or Union
Representative could also be the grievant and represent himself
or herself.”
Yet, it is not recommended to represent ones' self!!!
FOOD FOR THOUGHT
• Officers and Stewards are discouraged from
automatically appealing every case
• We are not required to be right in every case
• You may be called upon to prove that your
decision was not careless or perfunctory
SECTION 3:
TYPICAL COMPLAINTS
I HAVE RIGHTS!
I AM A
DUES PAYING
MEMBER
SCENARIO 1:
I do not want that shop steward representing me, she
has only been a steward for one month!
SCENARIO 2:
I was a shop steward for five years and I know the
contract, I am not satisfied with John Doe representing
me.
SCENARIO 3:
I don’t appreciate the steward making a settlement
agreement without contacting me, I want to go to
arbitration and not accept a settlement. I want my
day in court.
SCENARIO 4:
I find the behavior of my local unprofessional and extremely
immature, and I am very concerned that I will not be
represented fairly on this matter, or any matter in the future.
SCENARIO 5:
The Union Steward refuses to represent me because I am a
non member. Why can’t I have a steward of my choice?
SCENARIO 6:
It’s obvious that there is a conflict of interest between the President and
myself. He’s chosen to protect and represent his steward, and no one is
protecting my seniority. Since I am a dues paying member in good
standing, I feel the union should bring in a neutral party to represent my
rights and seniority.
SCENARIO 7:
My shop steward has been sitting on my grievance for over two weeks, how long
does It take to file a grievance?
SCENARIO 8:
I asked the shop steward was it correct that I could take a break, and she
acted accordingly by siding with management, knowing that it was time to
take a break. Then angrily the shop steward turned away and said to me,
well!, don’t ask me any more questions. So from here on, I don’t talk to no
one but the union president for answers. I feel that someone need to really
check into this, cause I am sick and tired of attitudinal representatives siding
with management.
SCENARIO 9:
I believe strongly that the local that I am presently under is
failing to represent me adequately, or the best of their ability.
SCENARIO 9:
I am sorry to say that even today, I can’t begin to move toward consulting
the shop Steward at the station with respect to anything that violates the
contract, or that violates me as an employee. This is on account of the fact
that I just don’t trust her.
SCENARIO 10:
I have been a paying union member for some 27 years. Recently I won a 10
hour award through the grievance procedure. I was told this came up much
quicker because it was contractual. It took less than a year. This was not
half as important to me. My other case took more than 21/2 years.
Something is very wrong here. I would have to hire an attorney. I did
once 12 years ago to help me with a case. Somebody please tell me
something. At least help me while I’m still paying for your help.
SCENARIO 11:
Due to the fact that I am taking a Labor Law Class, and am doing a paper
on what an individual needs to do when a union representative is not
following the National Labor Laws, I am requesting copies of my union file.
I would like copies of my request for FMLA grievance, light duty request,
reasonable accommodation and help with filing my EEO case.
SCENARIO 12:
My steward refused my pleas to file a grievance before my time limit expired which
was only 3 days away. Because of his actions I was unable to file a grievance in
this matter even though I had medical documentation supporting my incapacity. He
still would not even listen when I tried to write him. Who am I suppose to contact
when I need to file a grievance?
SECTION 4:
CASE STUDIES
ROLE PLAY
SECTION 4:
CASE STUDY 1-A:
IT’S NOT MY FAULT I HAVE PROBLEMS!
1-A
Sara has had an attendance problem for most of her career. She is
often late to work, if she gets to work at all. For several years, no one did
anything to change her behavior. She works in a small Post Office and
management allowed her to change her schedule when she was late, rather
than correct her behavior. When the new Postmaster came in one (1) year ago,
all employees were informed of his expectations for attendance. Sara was
informed of those expectations, both with stand up talks and a discussion with
her Supervisor. She has received and grieved a letter of warning and a seven
day suspension for attendance problems. The letter of warning was reduced in
time to one year provided she corrected her attendance deficiencies. The
seven calendar day suspension was issued four months later, and is in the
grievance procedure. Now, two months later, she has had 7 unscheduled
absences of 8 hours each, and 22 late reports.
Management has now issued the fourteen calendar day suspension. She has
asked to meet with her shop steward, Ray and they are now in that meeting.
FOOD FOR THOUGHT
• Attendance- Usually the #1 reason for discipline
• Stewards- Often look at “technical’ arguments
• Educate- S/L & A/L is like money in the bank
• Many employees- Don’t or won’t get it
• Advise- Of consequences of poor attendance
SECTION 4
CASE STUDY 2A
I’M BEING HARASSED!!
2-A Jeff and his Supervisor, Dave, have had a tumultuous
relationship. Jeff is strong willed, and refuses to allow Dave to
“bully” him “just because he wears a necktie”. Dave believes Jeff
is a troublemaker, and goes out of his way to watch every move
Jeff makes.
Dave has an ego, and won’t be “brought down by the likes of Jeff”.
The entire relationship is built on mistrust. Dave, however, gets
away with more than Jeff, as Jeff is the subordinate.
The constant bickering between the two has often erupted into
shouting matches on the floor, and Jeff has received discipline for
his conduct, that is still in the grievance procedure,.
FOOD FOR THOUGHT
• IF IT’S NOT HARASSMENT – Talk to the
member
• REMEMBER- There are legitimate harassment complaints
SECTION 4:
CASE STUDY 3A
WHY DIDN’T YOU DO
WHAT I ASKED YOU TO DO???
3-A Ashley has had an attendance problem for several
years. She has been disciplined many times, and
each time the Union has successfully grieved her
discipline due to a technical error.
In some cases, Ashley has had to educate a new
steward, because she is as familiar with due process as
any Union Rep. She thrives on her rights because she
knows she is wrong in not coming to work.
Ashley has asked to see the steward, Jerri, who is,
herself, a new steward.
FOOD FOR THOUGHT
• WE ALL MAKE MISTAKES• YOU MUST ESTABLISH YOUR
CREDIBILITY
• WE MUST DO WHAT’S BEST FOR THE
MEMBER
SECTION 4:
CASE STUDY 4A
I DON’T WANT TO HELP MYSELF,
I WANT YOU TO FIX THE PROBLEM!
4-A Shop Steward Richard Davis is on his
break, in the lunchroom, when two
members, Sheri Wagner and Dale Wright,
approach him to discuss a problem:
They are both window clerks in the same
office where Davis works.
FOOD FOR THOUGHT
• OUR JOB IS TO POLICE THE CONTRACT
• A MEMBER DOES NOT HAVE A RIGHT TO
ABUSE THE STEWARD
• AS A STEWARD YOU HAVE AN OUTLET
SECTION 4:
CASE STUDY 5A
NOT ENOUGH INFORMATION
5-A Mildred is talking to one of her co-workers, Angel
Mae. She received a letter from the Postmaster denying
her request for light duty. The person Mildred really
wants to talk to is a union steward, named Carol.
However, she won’t approach Carol because she looks
like she is busy, and Mildred doesn’t want to bother her.
Angel Mae explains to Mildred that Carol works there
just like they do, and that she doesn’t think Carol will
mind Mildred talking to her. Once Mildred approaches
Carol, she appears concerned, and wonders how she
can help Mildred.
FOOD FOR THOUGHT
• Employees must be told what is required of them.
Do not give them false hope. When they cannot
perform all or part of the functions of the bid they
must give a written request to the installation head
for a light duty assignment. It is required.
• Along with that request must be a note from the
doctor stating what the restrictions are.
• If management does not have the information, they
can not give a job offer.
SECTION 5: OVERCOMING STRESS
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Make more time for yourself and your family
Develop better work habits
Limit projects
Select a hobby
Learn to relax
Read a book
Take an exercise class
Listen to jazz or soft music
Practice meditation
Try walking or jogging
Arrive early for appointments
Bid on a new job
Confide in a friend/ officers
Ask for help when needed
See a movie
Don’t be afraid to say ‘NO’ if you are over burden
CONTRACTUAL RIGHTS
• WE MUST EDUCATE OUR MEMBERS
ON THE HISTORY OF OUR COLLECTIVE
BARGAINING AGREEMENT 1971-2006
(ON TRAINING CD)
• THOSE RIGHTS WERE NOT AUTOMATIC
OUR FIRST CBA
• Our first National Agreement negotiated by
the Union (1971-1973) is continuously used
as a base line for negotiations.
• Since that time, there has been subsequent
contract negotiations and changes.
• Those changes identified, reflect the years
in which they were made, and the specific
articles and Sections of the National
Agreement.
HISTORY OF COLLECTIVE BARGAINING
1971 – 2006
Using the first national agreement negotiated by the
union (1971 – 1973) as a base line, this booklet
identifies the changes that have been made in subsequent contract negotiations.
The changes identified reflect the years in which the
changes were made and the reader can follow the
changes to each Article and section of the national
agreement.
A copy of our 2006 -2010 Agreement is included on the
workshop CD, along with a copy of the JCIM.
SECTION 6: (DFR)
Questions & Answers
Steward