Transcript Stewards Training

Stewards Training
Making a Difference
in Your Workplace
Welcome Aboard & Introduction
WELCOME!
OPCMIA Vision & Goals
of the Steward Program
Goals-Objectives-Expectations
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Goals
Objectives
Expectations
Course Critique
Goals – Objectives – Expectations
 Better understanding of Steward’s duties and
responsibilities
 Increase knowledge of our Local’s hierarchy
and their duties
 Better understanding of our CBA
and Benefit packages
Goals – Objectives – Expectations
 Better understanding of the OPCMIA Code of
Conduct
 Learn about Our Rich History
 How to handle Grievance/Discipline cases
Goals – Objectives – Expectations
 What Strike sanctions/Dual Gates mean to
you
 It’s not just a Men’s-only club!
 Traditions & Reputations
 Apprenticeship Issues
3-Minute Communications Test
Financial Planning
Union Structure
 Membership
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YOU are the ultimate authority and
responsible for the health and survival
of our Local.
YOU maintain our Local’s Constitution
by your VOTE!
YOU set policy by your VOTE!
Union Structure
 How?
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By electing competent individuals to
office.
By maintaining oversight on Local
expenditures.
By supporting Local’s goals/objectives.
By training apprentices our craft – the
right way.
By keeping your own skills/certifications
current
By ATTENDING UNION MEETINGS!
Union Structure
 Elected Positions
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Business Manager/Financial
Secretary
President
Vice President
Recording Secretary
Sergeant-At-Arms (2)
Labor Trustees (2)
Local Executive Board (11)
Union Structure
Business Manager/Financial Secretary
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Duties
 Supervise and direct all Business Agents.
 Keep a correct account of the financial
standing of all members.
 Receive and account for all money
received or disbursed by the local union.
 Pay International Working Dues.
 Submit annual Department of Labor
reports.
Union Structure
Business Agents
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Duties
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Positions are appointed by the Business
Manager
Reports to the Business Manager
Protects our trade jurisdiction
Compels employers to observe and respect the
Collective Bargaining Agreement
Adjust all grievances
Promotes and foster employment for members
Serves as delegates
Union Structure
President
 Duties
 Presides at all meetings of this Local
 Shall be a delegate for union
business
 Shall serve as a Labor Trustee
 Shall serve on the Executive Board
Union Structure
Vice President
 Duties
 Shall in the absence of the President
perform all duties pertaining to the
office of President and shall be a
delegate for union business.
Union Structure
Recording Secretary
 Duties
 Keeps a correct record of each
meeting’s proceedings.
 Attest with the President all orders on
the Financial Secretary and record
the same in the local’s book of
records together with the minutes of
the meeting.
Union Structure
Sergeant-At-Arms
 Duties
 Ensures only Members-In-GoodStanding are permitted to attend
meetings.
 Maintains order and discipline during
monthly Union meetings.
Union Structure
Labor Trustee
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Fiduciary Duties – Someone who is
entrusted with the management of property
with the power to act on behalf of and for
the benefit of another.
Duties
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Act as Fiduciaries in operating and
maintaining a viable Health & Welfare,
Pension, and Training Trust Funds.
Union Structure
Executive Board
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Meet monthly and take whatever action
is necessary to comply with directives of
the International Association.
Act as trial committee to hear all
disputes, charges and grievances
referred to them.
Act as Membership Committee.
Union Structure
Executive Board
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Act as Rules Committee acting on all
proposed changes/additions to local
Constitution, By-Laws and Standing
Rules.
Be responsible for monitoring the
financial soundness of the Local
Policy reviewers/makers.
Union Structure
Volunteer Committees
 Election
 Negotiations
 Rules
 Membership
 Political Action
 Health & Welfare Coalition
 Apprentice/Journey Worker Training
Union Structure
Overview
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How is policy set?
Who can attend Local meetings?
How do you get on a Board?
How do you get on a Committee?
Why is it important for members to
attend Board meetings?
CODE OF CONDUCT
CODE OF CONDUCT
 Introduction/Purpose
 Stimulate our members pride in
craftsmanship & customer
satisfaction.
CODE OF CONDUCT
 Introduction/Purpose
 Stimulate our members pride in
craftsmanship & customer
satisfaction.
 Foster membership pride.
CODE OF CONDUCT
 Introduction/Purpose
 Stimulate our members pride in
craftsmanship & customer
satisfaction.
 Foster membership pride.
 Full support of the Local at all levels.
CODE OF CONDUCT
 Introduction/Purpose
 Stimulate our members pride in
craftsmanship & customer
satisfaction.
 Foster membership pride.
 Full support of the Local at all levels.
 Three-strike policy.
CODE OF CONDUCT
 Responsibilities under the Code
 Both Union and Contractor have
responsibilities.
CODE OF CONDUCT
 Local Union Responsibilities
 BM/BA’s shall communicate the
Code and ensure members:
Apply knowledge, skills, and experience
diligently on the job
 Upgrade skills on regular basis
 Share knowledge of the trade
 Arrive on-time fit for work
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CODE OF CONDUCT
 Contractor’s Responsibilities
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Address ineffective superintendents,
general foremen & foremen
Proper job layout to minimize downtime
Ensure proper storage of tools
Man the job site properly
Provide leadership/training skills for
jobsite leaders
CODE OF CONDUCT
 Contractor’s Responsibilities
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Ensure sufficient quantities of tools &
materials on site
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Take responsibility for mistakes created
by management
Eliminate unsafe working conditions
Report Code of Conduct violations to
Local
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CODE OF CONDUCT
 Dispute Resolution Mechanism
 Both parties have obligations
respecting the resolution of disputes
 If unable to resolve the problem
pursue remedy under the
collective bargaining agreement
OPCMIA History
OPCMIA History
■ OPCMIA members are the
proud carriers of a tradition that
predates the Pharaohs
pyramids. As early as man was
building shelter for himself,
there was plastering – first with
mud or clay and later with a lime
mixture much like that used
today.
OPCMIA History
■ As society grew, bridges,
canals, dams, reservoirs, roads
and many other engineering
feats would be impossible
without the skills of OPCMIA
cement masons. Together with
plasterers and other tradesmen,
they have played a key role in
shaping the world that surrounds
us.
OPCMIA History
■ In 1501, England’s Henry VII
granted the plasterers a charter
to organize a guild with the
central purpose of maintaining
quality standards for
craftsmanship and materials.
They could inspect and levy
fines for unsatisfactory work.
OPCMIA History
■ The craftsmanship standards
of the European artisans were
brought to America by immigrant
plasterers of the 16th, 17th, and
18th centuries before the United
States was founded.
OPCMIA History
■ As their numbers increased in
the New World, the plasterers
began to organize into groups.
These groups were generally
organized by nationality. For
example, New York had a local
union for English plasterers, one
for Irish plasterers, and one for
Italian plasterers.
OPCMIA History
■ As the 1800’s opened, the
main function of American locals
was to ensure quality of
craftsmanship. Each local
sought to guarantee that the
plasterers in its jurisdiction were
properly trained and standards
of the craft were upheld.
OPCMIA History
■ Thanks to the inventions of the
steamboat and train, America
was becoming more mobile as it
moved in a westerly direction.
This mobility caused problems
in scope and jurisdiction.
OPCMIA History
■ For example, it was common
for a plasterer who belonged to
one local to accept work in
another area. This usually
resulted in the worker being
required to pay dues to two
locals–his home union and the
local which had jurisdiction over
his temporary workplace.
OPCMIA History
■ Another example, apprentices
would run away from their
programs before completion and
would present themselves to
employers or other locals as fullfledged journeymen.
OPCMIA History
■ While there was a great deal of
cooperation among locals, all too
often such deceits were
effective, thereby undermining
the quality of the craft and
weakening the locals.
OPCMIA History
■ Fire destroyed most records of
the union’s early history, it is
believed that the problems faced
by the locals brought them
together just before the Civil War
in a group known as the National
Plasterer’s Union. Before the
group could prove itself, it was
overwhelmed by the war.
OPCMIA History
■ In 1864, the organization was
revitalized with a purpose to
establish a traveling card
system, and to institute
apprentice training and
regulations on a standard basis.
OPCMIA History
■ They also were to acquaint
local unions with the names of
unworthy members who had to
be disciplined or otherwise
penalized as well as the names
of incompetent applicants for
membership.
OPCMIA History
■ In early 1882, the Cincinnati
local went on strike for higher
wages and achieved its
demands. During the 16-week
walkout, Cincinnati requested
financial aid from other
plasterers’ locals. Various local
leaders responded generously to
the request.
OPCMIA History
■ In the process of uniting behind
their brothers in Cincinnati,
discussions of reviving their
national group led to a meeting
in St. Louis in September 1882.
This meeting led to the rebirth of
the national organization named
Operative Plasterers National
Union.
OPCMIA History
■ Nearly a year later, the union’s
second annual convention led to
the concept of the 8-hour
workday, and encouraged local
unions to do everything in their
power to “honorably avoid”
unnecessary strikes.
OPCMIA History
■ At the 1887 convention, the
constitution was amended to
include Canadian affiliation and
the name was officially changed
to Operative Plasterers’
International Union (OPIU). By
1898, the 8-hour day was
established and recognition of
the Saturday as half-holiday.
OPCMIA History
■ In 1908 the OPIU affiliated with
the American Federation of
Labor as part of the newly
formed Building Trades
Department.
OPCMIA History
■ In 1914, due to the growing
numbers of cement workers, our
name was officially changed to
Operative Plasterers’ and
Cement Finishers’ International
Association.
OPCMIA History
■ In 1915, an agreement was
reached with the United
Brotherhood of Cement Workers
which allowed Finishers of that
union to be admitted to the
OPCFIA.
OPCMIA History
■ The Great Depression of the
1930’s dealt a severe blow to all
construction trades as
unemployment soared. With an
ever increasing federal
government role in members’
affairs, the union opened a
Washington office in the late
1930’s.
OPCMIA History
■ America went to war in 1941
and members of the OPCFIA
served their country by
completing defense projects well
ahead of schedule and by
volunteering for often hazardous
duty in the Navy’s Construction
Battalions or “Seabees.”
OPCMIA History
■ As WW II came to a close,
thousands of men returned
anxious to get into an industry
converting to civilian production.
Construction boomed, but in the
eyes of experienced craftsmen,
too many corners were being cut
in the rush to build.
OPCMIA History
■ Responding to the quality
issue, the union established the
National Foundation for Lathing
and Plastering in 1945 to stem
the movement toward inferior
materials. This Foundation
spread the word that plaster is a
superior material for which there
is no quality substitute.
OPCMIA History
■ As the economy began to build
up steam, the demand
accelerated of Cement Finishers
skills. Highways, bridges,
hospitals, and schools were
needed. Our Cement Finishers
did more than just finish cement.
OPCMIA History
■ Because of the various job
tasks Cement Finishers
performed, in 1951, the union
changed its name to the
Operative Plasterers’ and
Cement Mason’s International
Association.
OPCMIA History
■ In pursuit of excellence, the
OPCMIA joined with the
Contracting Plasterers’
International Association and the
Associated General Contractors
to establish the National
Apprentice Training Standards.
OPCMIA History
■ In 1960, in order to preserve
and expand on programs for its
members affected by the federal
government rules and
regulations, the OPCMIA moved
its headquarters from Cleveland
to Washington D.C.
OPCMIA History
■ This move allow our
International leaders to support
reforms such as the Civil Rights
Act of 1964, setting the nation
down the road to true equality for
every citizen regardless of race.
OPCMIA History
■ The union joined with other
building trades unions in an effort
to increase minority employment
through apprenticeship; opening
the doors to construction sites
across the nation to young
blacks and Hispanics.
OPCMIA History
■ Today the OPCMIA continues
to play a decisive role and work
diligently on behalf of it
members. The principles upon
which we were founded upon will
continue to be its strength in the
new millennium.
The Roles of a Steward
Who would you go to if you had a
problem at work? The answer should be:
Your Steward!!
The Roles of a Steward
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A Leader
A Contract Enforcer
A Communicator
A Representative
The Roles of a Steward
 A Leader
 Understands the diversity of the union’s
membership.
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Cultural
Racial
Gender
Sexual orientation
Age differences
The Roles of a Steward
 A Leader
 Must have CREDITABILITY (“worthy of
belief or trust”) with:
 Union members
 Co-workers
 Supervisors
The Roles of a Steward
 A Leader
 Must be Able to listen problems,
concerns, and issues of members.
 Must be Able to motivate members to
take action on work-place concerns and
problems.
 Must Be honest with members, co-workers
and supervisors
The Roles of a Steward
 A Leader
 Must Be reliable. If you don’t know the
answer, say “I don’t know” – then get the
information and get back to the person
ASAP.
 Must Be knowledgeable about the
contract, work rules and policies, coworkers in your area, and issues affecting
the workers.
The Roles of a Steward
 A Leader
 Must Be supportive to your co-workers
concerns.
 Must Be committed to the labor
movement and the goals of the OPCMIA.
The Roles of a Steward
 A Contract Enforcer
 The contract we negotiate with our
employers is what separates union workers
from non-union workers.
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Our contract gives us certain
guarantees. Among them are:
The Roles of a Steward
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Jurisdictional Scope
Strike/Lockouts Language
Grievance and Arbitration
Procedures
Scheduling of Shifts
Wages
The Roles of a Steward
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Lunches/Breaks
Health & Safety Issues
Trust Fund Payments
Recognized Holidays
Drug Policy
The Roles of a Steward
 A Communicator
The Roles of a Steward
 What the Steward should know and teach
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Workplace Issues & How They Affect
Employees
The Contract
Work Rules
Union Structure
Union Meetings
Union Direction and Goals
Contract Education
 Plasterers –
 Cement Masons –
Dual Gates –
 The Basic Rule
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The basic rule concerning dual gates is
simple: A union with a lawful dispute
with an employer (the “primary
employer”) has the right to picket any
gate used by the employees or suppliers
or representatives of the primary
employer; but its picketing of any other
gate is an illegal secondary boycott.
Dual Gates
 The Critical Elements
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Under this basic rule, the critical legal
elements to establish dual gates are:
The employees, suppliers, and
representatives of the primary employer
must use only the gate designated for them
(the “primary gate”).
 The picketing union must be clearly
informed that the primary employers
employees, suppliers, and representatives
are using only the primary gate.
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Dual Gates
 The Remedies
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If those two things are done, the union’s
picketing any gate other than the primary
gate will be an illegal secondary boycott.
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A federal district court injunction secured
through the National Labor Relations Board
(NLRB) and the union will be liable for any
damages caused to any person by such
picketing.
Dual Gates
 The Reason for the Rule
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Although unions have the right to picket
employers with whom they have a lawsuit
dispute, they do not have the right to
enmesh employees of other separate
employers (“Neutrals’) in their dispute.
Other contractors and other subcontractors
are separate employers even though they
are working on the same construction site
(their “common situs”).
Dual Gates
 The Reason for the Rule
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When more than one separate employer
works on a common site, the union must
confine its picketing (and any other activity)
to the primary employer.
Dual Gates
 The Practical Rule
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Experience in the use of dual gates has
taught us that the best practical rule is to
confine neutral persons to the neutral gate.
It is strongly recommended that the
following separate gates be established:
Dual Gates
 The Practical Rule
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Gate A: For the use of employees,
suppliers, representatives, and visitors of
all contractors other than the employer(s)
being picketed (the “primary employer(s)”).
Gate B: For the use of employers,
suppliers, representatives, and visitors of
the employers(s) being picketed (primary
employer(s)”.
Dual Gates
 The Contaminated Gate
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If any employee or supplier or
representative of the primary (picketed)
contractor uses the neutral gate, the gate is
“contaminated”. It is no longer neutral.
The union can picket there.
However, the neutral gate can be reestablished by, again, notifying the union
and effectively enforcing the dual gate
system.
Dual Gates
 Other Points
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Neutral subcontractors at any tier of a
primary employer (such as subcontractors) are separate employers and
can use the neutral gate if they are neutral.
Dual Gates
 Other Points
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Since suppliers of the primary employer
must use the picketed gate, it is sometimes
useful to review the agreements to permit
their use of the neutral gate. (Example: If a
concrete-placing subcontractor is picketed
and his original subcontract included
supplying concrete, the general contractor
might take back the supply of concrete and
which would allow concrete trucks to use
the neutral gate without contaminating it.)
Dual Gates
 Other Points
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Any action by any union representative or
other person acting on behalf of the union,
which attempts to induce neutral
employees not to work, is also an illegal
secondary boycott and subject to the same
remedies. For example, any of the
following is illegal:
Dual Gates
 Other Points
1. Fining or threatening fines of neutral
employees if they work.
2. Telling them not to work.
3. Telling them “the whole job is picketed”.
4. Telling them “good union members don’t
work on jobs that have any pickets on
them”.
Dual Gates
 Other Points
5. Telling them the picket is sanctioned by the
Building Trades Council.
6. Pointing out to them a “picket line” clause
in a labor contract that may give them the
right to decline to work.
7. Picketing at any primary gate without the
picket sign clearly identifying the primary
employer.
8. Passing out pamphlets that try to induce
neutral employees not to work.
Dual Gates
 Other Points
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A union unlawfully pickets at a neutral gate
if its agents place themselves at the gate
even though they carry no picket signs.
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A union’s picket at a project must be
confined to only those times when
employees or representatives of the
primary employer are present on the
project.
Dual Gates
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A good union member is extremely careful
when confronted WHERE A PICKET LINE IS
ESTABLISHED on the job where he is
working.
Dual Gates
1. He LEAVES. He DOES NOT TALK – JUST
LEAVES.
2. He READS the PICKET SIGN as he leaves.
3. He DOES NOT hang around near the job.
4. He knows that ONCE A PICKET LINE IS
ESTABLISHED, His Business Agents and
other union officials are legally gagged and
handcuffed from giving advice pertaining to
THAT JOB.
5. He does NOT ALLOW HIMSELF to be drawn
into conversation with ANYONE at the job site.
Dual Gates
A GOOD UNION MEMBER KNOW HIS RIGHTS
A. He has the right NOT to work behind ANY
Picket Line.
B. He has the right to decide for himself
whether to walk off a job being picketed.
C. He understands that his trade may be under
attack next.
D. He knows that a two gate system means a
PICKET LINE and he has the RIGHT NOT
TO WORK, no matter how many gates the
employer sets up.
Grievance Handling
 Objectives
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What is a grievance?
What is a complaint?
What if its not a grievance?
What about problems between members?
Grievance Handling
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Grievance procedure serves five
purposes.
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Protects workers’ rights on the job.
Establishes a mechanism for enforcing the
contract.
Provides for orderly and fair settlement of
disputes.
Maintains healthful, safe and agreeable working
conditions, and
Gives the worker the support of the whole union
when he/she has a dispute with management.
Grievance Handling
 Five areas provide grounds for
grievances:
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The Contract
State and Federal Laws
Company rules and regulations
Well-established (Past) practices
Workers’ rights
Grievance Handling
 The Contract
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Any time the employer violates a specific
provision in the contract, their action
constitutes a grievance.
Grievance Handling
 Federal & State Law
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Protect workers from discrimination and
unfair treatment on-the-job.
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Union may handle the grievance either by
contacting the appropriate government
agency or by using the grievance process to
seek compliance.
Grievance Handling
 Company Rules & Regulations
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Generate grievances in two ways.
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First, if management disregards its own
rules or applies them unequally, harming
one or more workers, there is grounds
for a grievance.
Grievance Handling
 Company Rules & Regulations
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Second, a grievance can arise if a
company rule is unreasonable or
unreasonably vague. A rule that says
“proper dress must be worn at all times”
may be unreasonably vague unless the
company provides guidelines as to what
is “proper.”
Grievance Handling
 Well-established (Past) Practices
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Can only be changed by mutual consent.
Discontinuing or changing a wellestablished (past) practice without input
from the union may result in a grievance.
Grievance Handling
 Workers Rights
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If an action of management violates basic
fair treatment of a worker, that worker may
have a grievance even if the contract does
not say anything about the subject.
Discrimination and workers’ rights cover a
broad range of incidents and practices.
However, discrimination is very difficult to
prove.
Grievance Handling
 5-Step Approach
1.
2.
3.
4.
5.
Identification
Investigation
Documentation
Preparation
Presentation
Grievance Handling
 Step One – Identification
 You may learn about an issue from
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Your own experiences
A co-worker reports it
A manager or supervisor announces it
New policy or procedure
Rumor mill
Grievance Handling
 Did management violate any of
the following?
1.
2.
3.
4.
5.
6.
The Contract
A work rule or regulation
A policy or procedure
Any Federal, State, County or Municipal
Law
Any health and safety regulation
Past practice
Grievance Handling
 Questions you might ask
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What happened?
What is the impact?
What was violated? Policy? Contract?
Law?
Did management’s action constitute unfair
or disparate treatment of an employee or
group of employees?
Did management engage in discrimination
or harassment?
Did management take disciplinary action
against an employee or group of
employees?
Grievance Handling
 Step Two – Investigation
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Talk to People! Ask the 5 W’s!
Who was involved?
Names of people
involved in event
What happened?
Description of event
Where did it happen?
Location of the event
When did it happen?
Date/Time the event
occurred
Contract sections being
Why is this a grievance?
violated
Grievance Handling
 Step Two
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If investigation leads you to believe
there is validity to the grievance –
contact a Business Agent ASAP!
Grievance Handling
 Business Agents Complete
Investigation
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Was anything put in writing? Get copies!
Were there any witnesses? Interview
them!
Why was this done? Ask the source.
Take notes, take photos.
Grievance Handling
 Step Three – Documentation
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Business Agents –
 Document on OPMCIA Grievance
Fact Sheet
 Submit Written Information
Requests, if necessary
Grievance Handling
 Written Information Requests May
Include:
 Attendance records
 Correspondence
 Discipline records
 Management Memos
 Material Safety Data
Sheets
 Payroll records
 Equipment specifications  Personnel files
 Inspection records
 Photographs
 Job Assignment records
 Supervisor’s notes
 Job Descriptions
Grievance Handling
 Step Four – Preparation
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Business Agents will:
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Review all evidence; fill in gaps.
Determine the importance and
relevance of each fact and piece of
information.
Distinguish between allegations and
opinions.
Research the local’s grievance file.
Grievance Handling
 Step Four – Preparation
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Business Agents will:
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
Discuss the grievance with other
Agents/Business Manager.
Write the grievance.
Prepare the grievance for the meeting
with management.
Anticipate management arguments and
questions; know how to respond.
Grievance Handling
 Step Five – Presentation

Business Agents will present case to
Management
Grievance Handling
 Grievance Procedure Time Limits

Business Agents will present case to
Management




There are Time limits to file the
grievance at the first step.
Time limits for management to hear
the case.
Time limits for the union to appeal to
the next step.
You must follow the steps in the
contract.
Grievance Handling
 Grievance Procedure Time Limits

Business Agents will present case to
Management




You must use the form provided.
You must act quickly.
Grievance is denied if late.
Each Contract sets time frames.
Grievance Handling
 Grievance Procedure Arbitration
 PRO
Grievance is heard by a third
party.
 CON
Usually a long period of time
passes before the case is heard and
decided. It is not a quick process.
Grievance Handling
 Grievance Procedure Arbitration
 PRO
Decision is no longer made
by someone in management.
 CON
Lower steps in the process
tend to become a “going-through-themotions” formality where little effort is
made to resolve the problem
Grievance Handling
 Grievance Procedure Arbitration
 PRO
Decision is final and binding
(if this is called for in the contract) and
both parties have to adhere to the
decision.
 CON
There are more compromise
solutions, which may mean that justice
is compromised.
Grievance Handling
 Grievance Procedure Arbitration
 PRO
Decision can establish a
precedent so the union doesn’t have to
file grievances repeatedly on the same
issue.
 CON
Arbitrators usually come from
a professional background (e.g.,
college professor), which may create a
bias in management’s favor.
Grievance Handling
 Grievance Procedure Arbitration
 PRO
By appealing grievances to
arbitration, the union can gain respect from
management by showing it will fight hard to
defend employee’ rights.
 CON
It costs money to take a case
to arbitration. In addition to other costs,
arbitrators charge a fee for their services.
In most contracts, the union splits those
costs with the employer.
Grievance Handling
 Types of Grievances

Individual: This is when a
management violation of the contract
affects only one employee.
Grievance Handling
 Types of Grievances

Group: A management violation of
the contract affects more than one
person.
Grievance Handling
 Types of Grievances

Union: When a contract violation
may affect the union as an institution.
Grievance Handling
 What to do if it’s a Gripe and not a
Grievance




Inform the worker of your conclusion.
Provide the employee with the
opportunity to explain why he/she thinks a
grievance should be filed.
Attempt to work with the employee and
look at ways to resolve the problem.
Work with the employee to develop an
action plan to solve the problem.
Disciplinary Cases
 Discipline is a formal penalty
imposed by management.
 It can include (if contract permits):




Verbal counseling.
Written reprimands
Forced transfers
Termination
Disciplinary Cases
 Management usually cites one of two
reasons for taking disciplinary action.
1.
2.

It believes the employee is guilty of
misconduct – that is, not following
legitimate management orders, rules, or
policies; or
It believes the employee is failing to
perform job functions to the standards of
the workplace.
General theory of discipline – should
not punitive but corrective in nature.
Disciplinary Cases
 As a Steward, you must know the
procedure for appealing a discipline case.
 Usually found in company policies.
 Management has the burden of proof in
discipline cases.
Disciplinary Cases
 Just Cause


The basic underlying principle in
discipline cases is that management
must have “just cause” for imposing
the disciplinary action.
Seven Tests of Just Cause developed
by Arbitrator Carroll Daugherty in a
1966 case. Management must be
able to answer “yes” to the following
seven questions.
Disciplinary Cases
 Seven Tests of Just Cause
1.
2.
Was the employee adequately
warned of the probable
consequences of his/her conduct?
Was the employer’s rule or order
reasonably related to the efficient and
safe operation of the job function?
Disciplinary Cases
 Seven Tests of Just Cause
3.
4.
5.
Did management investigate before
administering the discipline?
Was management’s investigation fair
and objective?
Did the investigation produce
substantial evidence or proof that the
employee was guilty of the offense?
Disciplinary Cases
 Seven Tests of Just Cause
6.
7.
Has the employer applied its rules,
orders, and penalties evenly and
without discrimination?
Was the amount of discipline
reasonably related to the seriousness
of the offense and the employee’s
past service and record? (Did the
“punishment” fit the crime?)
Disciplinary Cases
 Seven Tests of Just Cause

A “no” answer to one or more of the
questions indicates management’s
action was arbitrary, capricious,
and/or discriminatory in one or more
respects. The union can argue that
management did not have just cause
to take the disciplinary action.
Disciplinary Cases
 Progressive Discipline



The intent of progressive discipline is to provide
the employee the opportunity to improve
performance or correct unacceptable behavior.
This means that for the first offense in a given
subject (Attendance, for example) for
subsequent offenses on the same subject the
discipline will be progressively more severe
(e.g., short suspension, a longer suspension,
termination).
Major exceptions might include: Theft,
drug/alcohol use, physical violence.
Disciplinary Cases
 Obey Now, Grieve Later



General rule – Workers are expected to
follow management’s instructions and
directives.
If worker believes the instruction to be
unfair or a violation of the contract, he/she
can file a grievance at a later time.
Arbitrators customarily hold that failure to
follow management’s directions can lead to
employee charged and disciplined for
insubordination.
Disciplinary Cases
 Obey Now, Grieve Later

Two recognized exceptions to the
“obey now, grieve later” principle.
Employees may refuse a supervisor’s
order when they believe the following
would either:
Disciplinary Cases
 Obey Now, Grieve Later
1.
2.

Result in doing something illegal
Put themselves in “imminent danger” of
their health and safety.
If management takes disciplinary action
after such a refusal, the employee must
prove that his/her belief about the unsafe
condition was justified.
Disciplinary Cases
 Insubordination

Insubordination is refusing or failing to
carry out a direct order. To claim that a
worker was insubordinate, management
must (1) issue a direct order, and (2) make
the worker aware of the consequences of
not following the order.
Health & Welfare
 HMO’s
 PPO’s
Sexual Harassment –
Sexual Harassment
– You Make The Call
Apprenticeship –
 Qualifications





Must be 18+ years of age
Must have a High School Diploma or
equivalent (GED)
Must possess a valid drivers’ license
at time of selection
Have a Social Security Card
Pass Drug Test

Job Corps Graduates Go To Top of List
Apprenticeship
 Testing Process


No Experience – Take Written
Examination
With Experience – Take Skills Test
Apprenticeship
 Written Examination




Math Test
Mechanical Test
Verbal Test
Oral Interview
 Possible 400 points
 No Pass/Fail thresholds
 Final score determines place on
waiting list
Apprenticeship
 Skills Testing - Plasterer









Layout
EIFS
Hard Wall
Putty Coat
Three-Coat
Sand Finish and Textured
Level V Finish
Rock Carving
Fireproofing
Apprenticeship
 Skills Testing – Cement Mason









Obtaining Grade/Layout
Rodding
Tamping
Floating
Jointing/Edging
Hand and Machine Troweling
Chipping/Grinding
Patching (Sand, Sack & Patch, Skim)
Steps/Curb & Gutter
Apprenticeship
 Skills Testing

Dependant upon skill level evaluated,
applicant is rated:

Journey Worker
 Turned over to Business Agents

80% - 70% - 65% - 50% Apprentice
 Placed on Waiting List according to
Rating and Date of Application
Apprenticeship
 Classes

For 50% no experience students:
Complete Initial 2-weeks training prior
to dispatching
For 65%-70% skilled students:
 Integrated into existing classes
Return to classes every 3 months for
one-week periods until completion of
5000/7200 OJL & 480/640 classroom
hours



Apprenticeship
 Plasterer Pay Increases

From 50% to 65%:
Complete required classes,
accumulate 1000 OJL hours
From 65% to 70%:
 Complete required classes,
accumulate 2500 OJL hours
From 70% to 80%:
 Complete required classes,
accumulate 3500 OJL hours



Apprenticeship
 Plasterer Pay Increases

From 80% to 90%:

Complete required classes,
accumulate 4500 OJL hours
From 90% to Journey Worker:
 Complete required classes (480
hours), accumulate 5000 OJL hours

Apprenticeship
 Cement Mason Pay Increases

From 60% to 65%:
Complete required classes,
accumulate 900 OJL hours
From 65% to 70%:
 Complete required classes,
accumulate 1800 OJL hours
From 70% to 80%:
 Complete required classes,
accumulate 3600 OJL hours



Apprenticeship
 Cement Mason Pay Increases

From 80% to 90%:

Complete required classes,
accumulate 5400 OJL hours
From 90% to Journey Worker:
 Complete required classes (640
hours), accumulate 7200 OJL hours

Apprenticeship
 Certification Classes






Basic First Aid
Adult CPR
OSHA 10 & OSHA 30
Scaffold User
Scissor/Boom Lift
Respirator Fit
Apprenticeship
 Challenges






Irregular class attendance
Late submission of required reports
Pigeon-holed into one segment of
trade
Ratios not followed by contractors
Outgrowing facilities
Language
Apprenticeship
 On-the-Horizon






Teaching credentials for Instructors
Facility change
Foreman Training
Fireproofing Certifications
Implementation of OPCMIA
Standardized Curriculum
ACI/AWCI Certifications
Survival of the Fittest
Overview of Training




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Overview of Training
Thank you for taking the
time to learn more about
the union, your rights, and
how to protect yourself and
your coworkers.