Transcript Document

2014
Shop Steward Training &
Leadership Conference
St. Peter’s College – September 12, 2014
USWU/IUJAT
2014 Shop Steward Training and Leadership Conference
September 12, 2014
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9:15
Back to the basics
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10:30
Group Activity
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Grievance Presentation
Lunch
1:00
Leadership Conference
What is the Future of the Bergen County Unions?
1:15
Committee Assignments
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Each group will present their conclusion to the group for discussion and debate.
12:15
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Each group will research grievance(s) and discuss their conclusions for presentation to the assembly.
11:15
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What is a grievance?
How to handle a Step 1/Step 2 grievance.
2:15
Each group will explore and discuss their assigned subject for presentation to the assembly.
Presentations and Open Discussion
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How do we promote Justice in the Workplace?
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How do we promote better participation in Union activities?
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How do we address fear in the workplace?
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How involved should the Locals be in Elections and Politics?
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4:15
Close
Here are some tips for the Steward:
First of all, remember that as a Steward you have the support of the Union, both the national union
USWU/IUJAT and your Local 755 President and Executive Board and our full time Union Representative.
That means that if you don’t know the answer to questions or are not familiar with procedures, ask your
Union Representative. With your position comes a huge responsibility and you need to be able to provide
the right answers to members and follow the correct procedures in your dealings with management. Your
members will respect you for following this simple advice.
Take your time. Listen carefully. Write things down. Buy yourself a spiral notebook and begin to
document your activities. If you investigate a grievance, write down the 5Ws (who, what, when, where,
why . . . and how) in your notebook or on the grievance fact sheet that the local provides with the
grievance form.
Be on your toes. You will be tested by management the moment you become a steward. Think of it as
hazing. But don’t give in. Act professional and be aware of your rights. Your supervisor or manager will
probably try to tell you what you can or cannot do as a steward. Remember you are hearing this
information from a self-serving and biased source.
Know your rights. You are management’s equal in all matters relating to the contract and the unionemployer relationship. Your contract may outline some of your rights as a steward but much of it has a
legal basis. That means the “sit down and shut up” mentality of some supervisors is incorrect,
unprofessional, and in some cases downright illegal. If you are denied rights which make your defense of
a member impossible, make sure your Business Representative is aware of this situation—immediately.
Check out your Steward Guide on a regular basis for grievance guidance. As you read over it, highlight
those items of particular interest. Keep a file for them so that you can easily refer back to them when
needed.
You are a representative of USWU to your members. Introduce yourself and
greet new hires. Be the strongest advocate for the union on the property. Pass
along information from your local. Squelch any rumor before it spreads. Work
together with your local’s officers. That means the politics of the past union
election, if there was one, is over. You are part of the team.
If a member comes to you with a complaint that could be grievable,
investigate it quickly and professionally. Resolve the issue in the quickest and
fairest way. Don’t make the member wait unnecessarily for an answer. Tell
him/her that you will get back to them with an answer and then get back to
them. If the issue is not grievable, see if there is a way to resolve it.
If there is no grievance, be honest with the member but explain why the
issue is not a grievance under your agreement. Work with other stewards so
that they are aware of the issues you have been presented with. You don’t
want a member going behind your back to another steward because he/she
did not agree with your decision not to press a complaint.
Read everything you can about your work— the daily newspaper and labor
books. Make sure education is part of your union’s regular business.
Discipline
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Major V. Minor
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Major (6 days or more)
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Goes to Office of Administrative Law (OAL)
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Grievant can pursue without the Union
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Minor (5 or less)
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Can go to Arbitration
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Only Union can demand Arbitration
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Based on Merit
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Unlikely a written warning will go to PERC
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Burden of Proof is on THE EMPLOYER
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Employer must establish “JUST CAUSE”
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Does not have to be “beyond a reasonable doubt”
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See the “Daugherty’s 7 Tests”
Daugherty’s 7 Tests
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Was the employee forewarned of the consequences of his or her actions?
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Is there a policy in place? Ignorance of the rules is not always an excuse.
Are the employer's rules reasonably related to business efficiency and performance the employer might
reasonably expect from the employee?
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Was the employee asked to do something illegal or dangerous? If an employee has a REASONBLE
belief that something is illegal or unsafe, they are protected from an insubordination charge.
Otherwise, the rule is: Do it now … grieve it later.
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Was an effort made before discipline or discharge to determine whether the employee was guilty as charged?
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Was the investigation conducted fairly and objectively?
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Did the employer obtain substantial evidence of the employee's guilt?
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Were the rules applied fairly and without discrimination?
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Generally, What is good for one employee should be good for all. Be certain to compare apples to
apples. Do not invoke the “But everybody speeds defense”. You must show that the employer was
aware of similar behavior and intentionally did not enforce the rules. Avoid throwing other members
under the bus.
Was the degree of discipline reasonably related to the seriousness of the employee's offense and the employee's
past record?
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NOTE: The County generally follows a policy of Progressive Discipline. The objective is to help the
employee improve. If the offense is serious, the employer does not have to follow Progressive
Discipline.
Violation of Contract, Policy, Practice or Law
Contract Violations are main responsibility of the Union.
• Consistency creates the sentinel effect. If the employer knows you are watching , they are less likely to attempt violating the
contract.
• Burden of proof is on THE GRIEVANT.
• Independent Arbitration is final and binding.
• Union may opt not to arbitrate. It is not the decision of the grievant.
Violation of Past Practice
• Past Practice must meet the criteria:
• A course of conduct that is the understood and accepted by the Employer and the Union,
• Must be consistent
• over an extended period of time
A Violation of Law may be better addressed in different forum.
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Discrimination
• County Policy addresses these concerns. They should file complaint and allow the employer to investigate.
• EEOC – Equal Opportunity Employment Commission (Federal)
• LAD – Law Against Discrimination Division (NJ)
Wage and Hour issues should be addressed in contract but can be reported to State/Federal Government Wage and Hour
Division. (Usually has a 2 year limitation.)
Workers Compensation
• Work place Injury is addressed in contract
• Recommend speaking to a WC attorney for serious injury since it will protect the employee over a longer period of time.
Grievance V. Gripe
A Shop Steward may get more gripes than Grievances.
• We are advocates.
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But we can’t make all the people happy all the time
Listen to the member and brainstorm possible answers
See the big picture – Talk to other Stewards to see how they might handle things
Ask grievant to outline the details and what they a see a resolution.
• We try to be problem solvers
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Know your members
Remain unbiased
Develop a relationship with the employer and your members
Gain the employees and the employers respect
The 5 W’s
( Essential Information for Filing a Grievance)
1-WHO:
Who was involved in the grievance?
• List name, department, job classification, shift. Include the name of the management representatives involved.
2-WHAT:
What is the grievant’s story?
Management position?
• The reports of witnesses?
• Collect all the facts you can, always looking for “hard” facts
• but accepting and weighing “soft” facts and different versions.
3-WHEN:
When did the incident or condition occur?
• Give dates and times as accurately as possible.
4-WHERE:
When in doubt, use “On or about”.
Where did the grievance take place?
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Give the exact location, department, area, etc.
5-WHY:
Why is this a grievance? What has been violated?
The contract? Federal, state, municipal laws? Past practice? Workers’ rights? Previous ruling or awards?
And last, but not least,
HOW:
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How does the employer remedy the grievance/complaint?
What adjustments are necessary to correct the situation?
How can you return the aggrieved worker to the same condition had the violation not occurred?
Reminders about Grievance Filing
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“This is a violation of, at least but not limited to …”
Every grievance should state what the grievant expects as a resolution.
Every grievance is 50/50.
Don’t make promises or predictions
Take notes.
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Witnesses
– Witnesses are not really reliable
– We all bring our own bias to anything we witness.
– They can change their tune.
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An initial discipline meeting
– In discipline, wait for the evidence before you start your arguments.
– Don’t talk too much – LISTEN!!
– Don’t ask question you don’t know the answer to
– Advise client to limit their comments
– Do not ask client to lie
– You can always ask for a ‘caucus’ (break) to confer further with the client.
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BE TIMELY! Every grievance must have a beginning, middle and END!
– DO NOT SIT ON A GRIEVANCE
– If the employee asks you to wait, advise them of the time issues and follow up in writing.
» You do not want the grievant to claim you dropped the ball.
– Even though there aren’t specific time limits to filing a grievance, an Arbitrator may still rule a grievance as untimely
» If the Grievant was aware of the problem but chose not to grieve it.
BISCHOFF
THOMAS
COLLAZZI
EDITH
GAUTIER
JOSEPH
DELA CRUZ
ELAINE
GOLDRICK
KATHLEEN
BRADY
KRISTEN
JOHNSON
KEITH
PORZIO
JACQUELINE
RUSSELL
KENNETH
TIMMINS
JOHN
CRANE
KEVIN
KEVIN
TASSY
SUSAN
DE SERIO
VICTOR
DESPOSITO
RALPH
PRESTIGIACOMO
TARA
RUBIN
MICHAEL
NASSOR
LISA
CASEY
THOMAS
DRUMMOND
GERARD
FISHER
MARY
BLASER
NEIL
CORONATO
RICHARD
ACOSTA
PEDRO
LEGGETT
WILLIAM
TRIPPTREE
STEPHEN
SHERMAN
CHARLES
KEELER
CONSTANCE
NORIEGA
DANILO
HOLZBERG
DIANE
CIRELLO
DONNA M
WALLACE
Out of Title Work
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Grievant Joe comes to you complaining about his workload. He is permanent in
his title of CLERK 2. A few years back his division was reduced due to layoff. He
now has to do the work he had to do before and he also has to do the work of the
previous CLERK 3 that was laid off. He has been doing this typ of work for the
past fourteen months.
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His previous co-worker was responsible for putting together PowerPoint
presentations for special events and SKYPE meetings once a month. That same
worker also did similar work as Joe, entering Data, Typing letters, and other
Clerical work. When the layoff occurred, the supervisor mentioned that things
were going to get difficult and asked that everyone ‘chip in’ to keep things running
smoothly. Joe taught himself PowerPoint art night and volunteered his talent
when the first event after the layoff was scheduled. The Supervisor thanked him
for volunteering and stated “This kind of teamwork will be rewarded. Keep up the
good work”.
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The amount of work Joe does is more than he did before. He has, once a month,
worked additional hours and has been paid for those additional hours as overtime.
Out of Title Work
• Desk Audit -DPF44S
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Accommodating Sue
Grievant Sue comes to you, as Shop Steward, stating that she is no longer allowed to schedule her
lunch at 1:30. In the past, she was allowed to combine her two breaks with her half hour lunch
and take lunch between 1:30 and 2:30. Sue is a receptionist for the division. There were two
receptionists, but one has retired and now Sue is covered by clerical staff and counselors when she
takes her breaks.
Management has informed her that she will now take lunch at 1:00 pm until 2:00 pm.
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She was previously allowed because she asked for a special accommodation
to take care of her husband who had recently had a stroke. Her husband had
the stroke 2 years ago.
What questions do you need to ask the grievant?
What should the Union’s position be? (What clauses of the contract apply?)
What laws may apply?
Respondent,
-and- Docket No. CO-2009-158
COUNCIL OF NEW JERSEY STATE
COLLEGE LOCALS, AFT, AFL-CIO,
KEAN FEDERATION OF TEACHERS,
Charging Party.
• SYNOPSIS
The Public Employment Relations Commission finds that Kean
University violated the New Jersey Employer-Employee Relations
Act, specifically N.J.S.A. 34:13A-5.4a(5), by failing to
negotiate in good faith with the Council of New Jersey State
College Locals, AFT, AFL-CIO, Kean Federation of Teachers (KFT)
over an increase in office hours. The Commission orders the
University to negotiate prospectively in good faith with the KFT
over the office hours and/or compensation for increased office
hours for faculty and department Chairs. The Commission adopts
the Hearing Examiner’s recommendation dismissing the 5.4a(3)
allegation in the Complaint that the University violated the Act
by increasing office hours in retaliation for protected activity.
The Commission finds that the University was motivated by a plan
to increase graduation rates through enhanced student advisement
time.
IT IS ORDERED:
A. That the University cease and desist from:
1. Refusing to negotiate in good faith with a
majority representative of employees in an appropriate unit
concerning terms and conditions of employment particularly by
refusing to negotiate with the Charging Party over an increase in
office hours for faculty and department Chairs.
B. That the Respondent take the following affirmative
action:
1. Negotiate prospectively and in good faith with
the Charging Party on demand until agreement or impasse over the
office hours and/or compensation for increased office hours for
faculty and department Chairs.
2. Post in all places where notices to employees
are customarily posted, copies of the attached notice marked as
Appendix A. Copies of such notice shall, after being signed by
the Respondent’s authorized representative, be posted immediately
and maintained by it for at least sixty (60) consecutive days.
Gift Horse?
The County Executive has closed One Bergen Plaza due to a power outage. The
air conditioner shut down and the building was getting hot. Employees were
sent home with pay two hours after the outage. Sara was sick and went home
an hour before the Administration closed the building. Sara had mentioned to
her co-worker that she was feeling ill because she doesn’t deal with the heat
very well. When she left, she only told her Supervisor that she wasn’t feeling
well. She never mentioned the heat.
The administration does not want to pay her for the hours that the other
workers were paid. They insist she use her own time. Additionally, employees
in other locations worked and some of the employees work in Hackensack and
were sent to other locations to work. June was one of those workers. Barb
works as an inspector. She works in the field most of the time, but is part of the
Division located at One Bergen Plaza. Her Co-workers were sent home while she
worked the full day. Workers on Vacation or Sick were still charged that time
from their bank.
Does Past Practice Apply?
Where the contract language is ambiguous or the contract is silent, past
practice can be used to give the contract meaning.
Several questions need to asked about past practices:
•Is there mutuality in the practice?
•What is the history of the practice?
•Is the practice clear and consistent?
•How many times has it been repeated?
•Has it been a widely accepted practice?
•What conditions gave rise to the practice and have those conditions changed?
Life Happens!
Russell was written up for being late on a regular basis. He is late at least 15 minutes, at least twice a week. The
Supervisor gives him a letter that states:
“Dear R. Crowe,
It has come to my attention that you have been late on many occasions, sometimes as much as fifteen minutes (15).
This is unacceptable. County policy does not allow for chronic lateness. If this continues, it may lead to further
discipline up to and possibly including Suspension, Docking of Pay and possible Termination.
Please sign and acknowledge receipt of this letter.
Sincerely,
Hugh Jackman, Supervisor”
Russell is livid! He wants this removed from his file. He admits it’s true, but it’s because his dog has been sick and he
must give him pills every morning at the same time before work. Additionally, there is now construction on his way to
work.
Is this a grievance?
What can the Union do?
You Can’t Do Union Work?
Based on the general concept that management is not supposed to do ‘union’ work, Shop Steward
Samantha filed a grievance on behalf of the most Senior Nursing member in the overtime rotation.
At the Nursing Home, one of the Nurses called in sick one hour before her shift. Management first
consulted with the Supervising Nurses to see if they wanted to fill in. When they were unavailable,
the D.O.N decided that she would fill the shift. Samantha filed the grievance because at least two of
her members would have agreed to work had they been asked. In both cases, it would have caused
overtime.
The Union’s argument is that since it was ‘Union work’, it should have been given to Union members.
Management argues that it is not required to offer overtime and there is no contractual language
forbidding the D.O.N from filling in. It was also an emergency situation since they only had an hour to
fill the shift and therefore this was the most efficient way to solve their dilemma.
Questions:
Is there such a thing as ‘Union Work?”?
What question need to be asked?
What arguments might you present?
STATE OF NEW JERSEY
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the Matter of
TOWNSHIP OF PLAINSBORO,
Petitioner,
-and- Docket No. SN-2012-001
TEAMSTERS LOCAL 701,
Respondent.
SYNOPSIS
The Public Employment Relations Commission grants the
request of the Township of Plainsboro for a restraint of binding
arbitration of a grievance filed by Teamsters Local 701. The
grievance alleges the Township violated the parties’ collective
negotiations agreement when the assistant foreman performed
work customarily performed by unit employees. The Commission
holds that the grievance is not arbitrable as the Township has a
managerial prerogative to complete a project in an efficient and
timely manner.