UFCW Local 186D                    

Steward Guide

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Our Union....................................................................................................... PAGEREF _Toc127017705 \h 3

You Are The Union........................................................................................... PAGEREF _Toc127017706 \h 4

You Are A UFCW Leader.................................................................................... PAGEREF _Toc127017707 \h 5

Your Functions As A Steward............................................................................  PAGEREF _Toc127017708 \h 5

Your Rights And Duties As A Steward.................................................................. PAGEREF _Toc127017710 \h 7

Steward’s Right To Free Expression....................................................................  PAGEREF _Toc127017711 \h 8

Weingarten Rule.............................................................................................  PAGEREF _Toc127017712 \h 8

Union’s Right To Information...........................................................................   PAGEREF _Toc127017713 \h 9

Duty Of Fair Representation.............................................................................   PAGEREF _Toc127017714 \h 11

Grievance Basics...........................................................................................    PAGEREF _Toc127017715 \h 14

What Is A Grievance?....................................................................................    PAGEREF _Toc127017716 \h 14

Why We Need It......................................................................... .................    PAGEREF _Toc127017717 \h 14

What Is It’s Purpose.......................................................................................  PAGEREF _Toc127017718 \h 14

How Does It Work?........................................................................................   PAGEREF _Toc127017719 \h 14

Types Of Grievances.......................................................................................  PAGEREF _Toc127017720 \h 15

Is It Really A Grievance?.................................................................................  PAGEREF _Toc127017721 \h 16

Investigating A Grievance...............................................................................   PAGEREF _Toc127017722 \h 16

Take Good Notes...........................................................................................   PAGEREF _Toc127017723 \h 17

Grievance Procedure........................................................................................  PAGEREF _Toc127017724 \h 17

Grievance Procedure.......................................................................................   PAGEREF _Toc127017725 \h 18

Preparing A Grievance.....................................................................................   PAGEREF _Toc127017726 \h 19

Presenting The Grievance................................................................................   PAGEREF _Toc127017727 \h 20

Communications Skills For Stewards.................................................................   PAGEREF _Toc127017728 \h 22

Writing.........................................................................................................  PAGEREF _Toc127017729 \h 22

Listening.......................................................................................................  PAGEREF _Toc127017730 \h 22

Tips For Speaking With Management.................................................................  PAGEREF _Toc127017731 \h 22

Meeting With Management............................................................................... PAGEREF _Toc127017732 \h 23

Attitude And Body Language............................................................................ PAGEREF _Toc127017733 \h 23

Sources.......................................................................................................... PAGEREF _Toc127017734 \h 24

In the United Food and Commercial Workers, you are the union. You come together with your coworkers; you nominate and elect union officers; you determine the working conditions and benefits that will be bargained in your contract; and you are part of a larger movement to improve the lives of working men and women in the workplace and in their communities.

The more workers join together for the good of all, the more management listens to what they have to say.  In union there is strength.  Without a union you have only a few rights such as minimum wage, overtime after 40 hours, and unemployment insurance.  With a union, you enjoy numerous other benefits guaranteed in a union contract, such as:

·        Negotiated wages, health care and retirement plans

·        Defined work schedules

·        Grievance procedures

·        Reasonable workload requirements

·        Protection from unfair treatment and favoritism by the boss

·        Job security and seniority rights

·        A voice on the job to improve working conditions

The 1.3 million-member UFCW is one of the nation's largest private-sector unions with members working in the retail food, non-food retail, meatpacking, food processing, and manufacturing industries. The UFCW is America's neighborhood union with more than 800,000 members working in neighborhood supermarkets across the U.S. and Canada. The UFCW has consistently grown through aggressive organizing in the growth sectors of the North American workforce. Key issues to UFCW members are: health care reform, equal opportunity, ergonomics, overtime pay protection and a right to a voice at work.

Congratulations on being a UFCW steward!

You are a leader in your union, your workplace, and your community.

As a leader, the UFCW steward:

1. Represents the members
2. Works for union goals
3. Establishes respect of the members
4. Inspires the members
5. Acts as a model of fairness
6. Enforces union work rules or “enforces the contract”
7. Speaks up for members

You are the person in the middle of your co-workers, management, and the union.

As a steward in the workplace you build our union. You monitor the bargaining agreement between the union and the employer, you solve problems on the job, you file grievances, you work to ensure safety in the workplace, and you organize and mobilize UFCW members. Before we get into more details about your rights and duties as a steward, let us look at the four basic functions of UFCW steward.

 Your legal rights and duties as a union steward are protected by the National Labor Relations Act (NLRA). This is the most important law for U.S. workers. It was enacted by Congress in 1935 and it has had several revisions since that time. The NLRA is administered by the National Labor Relations Board (NLRB). In this guide we will refer to the NLRB simply as the “Board.”

1. It is your right, and your duty, to represent members in the early stages of the grievance procedure. You are obligated to begin and follow through on the   grievance procedure.
2. You are entitled to ask for and get any information from the employer that you need to process a grievance. This includes information to help you decide whether or not to file a grievance.
3. When employees ask for you to be at an investigatory interview that may lead to disciplinary action, the Weingarten doctrine is activated:
   1. You have the right to be there.
   2. You have the right to advise the employee.
   3. You have the right to help the employee during the interview with clarification and advice. This is not, however, a negotiation meeting.
   4. A union steward who is the subject of an investigatory interview has the right to have another steward present.
4. You have the right to speak your mind, within certain limits, when you’re acting as union steward.

 Your contract MAY give you rights equal to or beyond the legal rights described above. Get acquainted with your contract and find out whether you have:

1. The right to investigate and handle grievances on paid time.
2. The right to circulate in your department or plant.
3. The right to take time to post notices on the bulletin board.
4. The right to talk with new hires at the time of their orientation.
5. The right to unpaid or paid leave for union business including education for        union duties.
6. The right to be notified of bargaining unit member discipline.

This list does not exhaust all the rights which may be in your contract.

Steward’s Right To Free Expression

An important right for stewards is protection against employer retaliation for statements made during the course of grievance meetings. Ordinarily, an employee can be disciplined for disrespect to a supervisor. Disrespect may be insubordination. However, the Board has generally held that a steward cannot be disciplined for abusive remarks made to a supervisor or management officials during a grievance meeting or in a bargaining session. The steward may use profanity or even accuse the employer of lying without fear of discipline. The Board applies this rule so that a steward may speak freely without having to weigh every word said or hold back arguments for fear of stepping over the line.

There are, however, a few exceptions to the steward’s very broad rights. The steward cannot threaten an employer representative with physical violence. Also, a steward may be disciplined in extremely aggravated situations if the steward is disrespectful to the employer in the presence of rank and file employees to the point that an employer is no longer able to exercise proper control over the work force.

Weingarten Rule

The Weingarten rule comes from a 1975 Supreme Court decision. This is the right of a worker to union representation when being questioned by management on a matter that could result in disciplinary action. The worker must ask for such representation; the employer is not required to tell the worker of his or her rights. The worker can request union representation before or at any time during the investigatory interview.

The rule is subject to the following:

1. The right arises only when the employee requests union representation;
2. Exercise of the right to union representation may not interfere with “legitimate employer prerogatives” such as the employer’s right to conduct an interview without undue delay;
3. An employer need not justify its refusal to permit union representation but may go forward with the investigation from other sources;
4. The employer is under no duty to bargain with the union representative during an investigatory interview and may insist on hearing only the employee’s account of the matter being investigated. The steward may participate in the interview, but can not negotiate the discipline being considered.

Union’s Right To Information 

A union cannot effectively represent its members in contract negotiations if it is denied basic information about the bargaining union. The union has a right to information controlled by management and federal labor law requires employers to supply certain information upon request, in order that the union can bargain intelligently. 

The information listed below is a guide for when to request information and what kind of information you can request. For specific questions speak with your local union officers and/or legal counsel. 

As a steward, you as a union representative may request information:

·        When investigating a grievance.

·        When preparing for a grievance meeting.

·        When deciding whether to drop a grievance or move it up the ladder.

·        When deciding whether to arbitrate a case.

·        When preparing for an arbitration. 

The employer’s obligation to supply information is extremely broad. However the union’s request must be specific … so no fishing expeditions! Here are examples of information the union may request:

Here are some examples of types of information the union can request from the employer:

1. Factual Information: Name of subcontractor, date of contract, description of the work, and the amount of the contract. The union is also entitled to a copy of the contract and correspondence with the subcontractor.
2. Data: In a sex discrimination grievance, the union can require the company to produce a list of women employees promoted in the past, along with names of those denied promotions. When it comes to data, employers are not excused from compliance because of the size of the union’s request.
3. General Inquiries: “Please supply all documents or records which refer to or reflect the factors causing you to reject this grievance” and “Please supply all factual bases for the company’s decision.”
4. Disciplinary Grievance: When grieving a warning, suspension, or discharge, request a complete copy of the grievant’s personnel file. You do not want to be surprised if management relies on past offenses. Also, since unequal punishment is usually a potential argument, request information concerning workers discipline for the same offense in previous years. Ask for the names of any workers who committed the offense but were not disciplined, names of witnesses, and notes made by supervisors concerning the offense.
5. Contract Interpretation Grievance: If the grievance requires interpretation of contract language, the union can request the employer’s notes from the negotiating session that led to the disputed clause, as well as the dates and contents of any conversations with the union upon which the employer is relying.
6. Past Practice Grievance: If you are grieving management’s failure to adhere to a past practice and management contends that the practice has not been consistently followed, request dates and descriptions of each time the company claims a departure from the practice in question.
7. Health and Safety Grievance: If you are grieving an unsafe chemical, request a list of workers made sick by the substance, the material safety data sheet (MSDS) supplied by the chemical manufacturer, copies of any OSHA citations, and all studies by the company of the effects of the chemical, including medical examinations of affected employees. Arrange for a union industrial hygienist to conduct a health and safety inspection of the workplace.

The union can make an information request orally; however, it is best to put it in writing. Be as specific as possible in identifying the records or data for which you are looking.

Duty Of Fair Representation

The Duty of Fair Representation is the legal duty of a union to fairly and equally represent every employee in a bargaining unit, whether or not the employee is a union member. The duty of fair representation applies to all employment matters where the union is the exclusive bargaining representative, including grievance processing and contract bargaining. Federal law says that unions that do not represent a worker fairly can be charged with an unfair labor practice (referred to as “ULP”) or sued.

The basis of fair representation is honesty, equal treatment, and good record keeping.

The union must represent workers in the bargaining unit without discrimination, arbitrariness, hostility, bad faith or dishonesty.

Discrimination can occur on the basis of race, sex, national origin, sexual orientation or identity, age or political standing of the grievant. Political discrimination includes not just party politics but whether the grievant has been active politically in the union, e.g., is a failed candidate for union office and on the basis of membership and non-membership in the union.

Arbitrariness can occur if the union sets up some artificial method of selecting grievances for arbitration, e.g., only taking every tenth grievance to arbitration. Or, if the union cannot offer any legitimate reason why it acted as it did in pursuing or withdrawing a grievance.

If a union fails to provide fair representation by using tactics that undermine good faith, it can become embroiled in legal action. A steward acts as the union's agent and has the responsibility of upholding the union's duty of fair representation. The steward must listen to grievances without being swayed by personal feelings that may include favoritism or dislike.

Sometimes a steward will make a legitimate mistake while handling a grievance. Reasonable errors of judgment are not violations of law.

When a decision not to file a grievance or to withdraw a grievance is made, however, it must be made honestly based on facts demonstrating that the grievance doesn't warrant pursuit. The grievant should be thoroughly apprised of the reasons for the withdrawal. A good rule of thumb is to keep all events regarding grievances in writing.

A union breaches its duty of fair representation when, for example, they:

·        Process similar grievances differently without a documented reason.

·        Fail to explain to the grievant why the union did not appeal or arbitrate their grievance.

·        Do not return phone calls.

·        Fail to speak to potential witnesses or examining grievant evidence.

The good news is that unions almost never violate their duty of fair representation. The law is very favorable to unions, so let us look at ways the union can avoid being charged with an unfair labor practice.

A union avoids breaching their duty of fair representation when they:

·        Service members well.

·        Communicate with members.

·        Return phone calls promptly.

·        Obey time limits for filing and appealing grievances.

·        Communicate throughout entire process especially when union decides not to appeal or arbitrate grievances.

·        Include members in grievance meetings.

·        Document each step with notes or meaningful letters.

The duty of fair representation does not apply to employment matters where the union does not represent bargaining unit members or where members may pursue on their own such as:

·        Unemployment Compensation

·        Workers Compensation

·        Wage and Hour Claims

·        Race/Sex/Age Discrimination Claims

Ready to test your knowledge? Let’s go to Quiz #1 on the next page.

QUIZ #1

Read each of the ten statements below. Circle True or False in the next column if the statement is true or false. TC "ACTIVITY #1" \f C \l "2"

What Is A Grievance?

Most collective bargaining agreements define, in general, what the parties have agreed to consider being a grievance. Unions usually prefer a broad definition that recognizes any dispute, while management prefers to limit grievances to the meaning or application of a particular clause. The primary function of the definition is to outline the parameters of what types of disputes may be grieved.

Why Do We Need It?

·        Settles workplace problems in a systematic way.

·        Helps to establish and protect workers’ rights.

·        Gives workers a voice on the job by providing them with an opportunity to tell their side of the story.

·        Promotes workplace harmony.

What Is It’s Purpose?

·        To enforce the contract

·        To interpret the meaning and intent of the contract, including ambiguous or silent contract language.

How Does It Work?

·        Defines workplace problems that are grievances.

·        Identifies the steps to follow to remedy the problem.

·        Identifies the union and company representatives involved in each step.

·        Imposes time limitations for filing grievances, responding to grievances and appealing grievances.

·        Stipulates at each step whether the grievance presentation is oral or written.

·        Places the burden of proof on management particularly with discipline and    discharge cases.
 

Types Of Grievances

·        Individual/Personal Grievance: Affects only one person (Sue has been disciplined).

·        Group Grievance: Department or category of people in the shop or store (unsafe chemical in one department).

·        Principle Grievance: Deals with a basic contract principle (such as seniority, vacation, etc.) all members involved.

·        Union or Policy Grievance: Initiated by union on behalf of worker or entire store or plant (for example, overtime not being distributed properly), or member is not willing to file individual grievance.

Generally, a grievance exists where there is a violation of:

1. The Contract: These are the easiest grievances to win, especially where the violation is clear-cut and management is not overly belligerent.
2. The Law: There may be a violation of municipal, state or federal law. Remember that the law always supersedes the contract.
3. Company Regulations: Management generally cannot violate its own rules to harm one or more workers. A personnel regulation may be overlooked in hiring or firing of a foreman may have brought liquor into the plant and then fired a worker for the same violations. Uneven enforcement of company or agency regulations, as well as management disregard for its own rules, can provide the grounds for a grievance.
4. Workers’ Rights: Discrimination and workers’ rights cover a broad range of incidents or practices. Discrimination occurs when two people are treated differently under     the same conditions in such a way as to harm or treat unequally one of them. Discrimination may include, and is not limited to, race, sex, age, religion, sexual orientation, national origin, personality, looks, union activity, past incidents and experiences, and political affiliation.
5. Past Practices: Arbitrators will sometimes consider violations of long-standing practices, accepted by the union and management, as grounds for ruling in favor of the union. If, for instance, the employer has allowed a 15-minute wash-up for years and then suddenly disciplines a worker for leaving her station 15 minutes before clock-out, the union usually has a strong case.

Is It Really A Grievance?

Stewards know that the word grievance is one of the most misunderstood words in the workplace. Some workers believe that anything they don’t like about work is a grievance. Others put up with clear violations of their legal rights by management but they don’t want to “rock the boat.”

So how does a steward know they have a grievance? The first thing to do is to investigate the situation.

Investigating A Grievance

It is not always easy to identify workplace incidents as grievances. In order to totally understand and work out a solution to problems, stewards must get all the information about the incident they are investigating. Here are five questions stewards should ask when investigating a grievance:

1.      WHO … is involved? Who is the worker; who is the supervisor; who are the witnesses? Anyone else?

2.      WHAT … really happened? What did the worker do? What was the sequence of events?  What was said? What did management say, do or fail to do? What has happened in the past? What should be done to remedy the situation?

3.      WHEN … did it happen?  Time, date, etc. Any special significant holidays or days off that may tie in?

4.       WHERE … did it take place? Identify the exact location by workstation, building, department, etc.?

5.      WHY … is this incident a grievance?  Which contract clause(s) applies?  Was there a background of action which went before?  Why did the member take this action?  Why did management take action?

Take Good Notes

Good stewards document everything! Notes are essential because:

·                       You won’t remember everything.

·                       A written record can be used by others who may decide to handle the complaint as a grievance.

·                       Notes help you compare conflicting accounts of the same situation.

·                       Writing down information shows everyone   that you take your job responsibilities seriously.

Notes can be used as evidence that the union has conducted an investigation should a worker later claim that the union failed to properly represent him or her.

A grievance procedure is an agreed-upon channel for complaints; a list of steps and who is involved at each step; and a provision for time limits at each step in order to discourage stalling.

The grievance procedure:

·        Defines workplace problems that are grievances.

·        Identifies the steps to follow to remedy the problem.

·        Identifies the union and company representatives involved in each step.

·        Imposes time limitations for filing grievances, responding to grievances and appealing grievances.

·        Stipulates whether the grievance presentation is oral or written at each step.

·        Places the burden of proof on management particularly with discipline and discharge cases.

The grievance procedure may vary depending on the collective bargaining agreement. A typical grievance procedure may have four steps, referred to as “Step 1,” “Step 2”, etc. through “Arbitration.”

*Note: Time limits on company response begin only after the grievance is presented in writing. Grievances should be moved to the next step as rapidly as possible. Serious grievances, such as discharge cases, are often introduced as Step 3 of the grievance process.

Preparing A Grievance

Once you have collected the facts of the grievance using the five W’s we discussed before, it is now time to write the grievance. The number one rule in writing a grievance is to keep it simple! Here are three steps in writing a grievance:

1.      What Happened

State the grievance issue simply—who, what, when. The grievance form is not the place to argue the grievance. That should happen in the grievance meeting.

Right: On or about May 1, 2005 Brenda Coles, clock # 54289, was denied her bid on the second shift forklift job.

Wrong: The forklift job should have been awarded to Brenda Coles. Pete Smith is a rotten foreman and didn't give Brenda the job because he hates Brenda and wanted to date Brenda's daughter, but she wouldn't go out with him. Because of this and because Pete is an idiot he refused to give Brenda the job.

2.      Why That is Wrong

State what part of the contract, law, past practice, etc. was violated. A grievance can be filed over a violation of the contract, a change in a well-established past practice, violation of a law (OSHA, FMLA, etc.) or a violation of an employer policy. Always state that the employer may have violated other parts of the contract:

Right: By not giving Orville the job award, the employer is violating Article 3, section 2 of the contract, plus all other relevant sections of the contract.

3.      What You Want

Clearly state the remedy the union is seeking.

Never leave out the remedy – otherwise the employer can agree they made a mistake, but offer no solution.

Right: Make Brenda Coles whole, including but not limited to an immediate transfer to the forklift operator job and pay her the $1.00 an hour pay rate difference for the time missed on the forklift job, including overtime.

In cases of discipline, discharge or involving money, the catch all phrase to use is “The employee should be made whole.” This phrase covers all the parts of the remedy which may include wages; reinstatement in the health insurance program with no waiting period; reinstatement in the pension program with restoration of all back service and credits; vacation time; and the list could go on. The phrase “be made whole” is a legally accepted catch all phrase that covers all the situations.

The union still has the right to negotiate a different remedy from the one listed on the grievance form.

Example: A grievance on a termination case stated the fired employee should be returned to work and be made whole. The final settlement was a two week suspension. In this case the remedy was that the employee was made whole except for losing two weeks pay.

Presenting The Grievance

A union representative should have a cordial, professional, business-like relationship with the supervisor. A firm but fair approach to problem-solving usually makes the job easier for both parties.

When preparing to present or presenting the grievance a representative should do or consider the following:

1.      Prepare Your Facts Beforehand:

a.       Outline on paper the facts in a logical, chronological sequence.

b.      Consider what the supervisor’s response will be, and what you will say in return.

c.       Review the facts of the case with the employee alone, before you meet with the supervisor.

d.      Check your case with other representatives, union officials, or others who might be knowledgeable about the issue.

2.      Stick To The Facts when speaking with the supervisor. Do not jump from topic to topic. Do not get sidetracked on unrelated issues.

3.      Listen! Repeat key statements made by the supervisor. This will tell the supervisor that you are listening and paying attention to what is being said.

4.      Narrow The Focus Of The Dispute, if possible. Look for possible areas of compromise and settlement.

5.      Keep Your Cool! Do not let your emotions override the facts of your case.

6.      Avoid Bluffs And Threats. Some day a supervisor will call your bluff!

7.      Respect The Employer Representative and treat him or her as you would like to be treated.

8.      Do Not Delay The Settlement Of The Dispute. Watch for stall tactics by the employer.

9.      Do Not Horse-Trade Grievances, for example the employer offers to settle a grievance if all other grievances are dropped by the union.

10.  Settle Grievances At The Lowest Possible Level.

11.  Avoid Disagreements With The Grievant In Front Of The Supervisor. If you need to talk with the grievant during the presentation of the grievance, do so privately.

12.  The Burden Of Proof Is On Management particularly with  discipline and discharge cases. This does not mean the supervisor should be put on the defensive.

13.  Be Sure To Follow-Through And Follow-Up On The Grievance. Make sure the grievance follows the proper channel, even after it leaves your hands.

Ready to test your knowledge? Let’s go to Quiz #2 on the next page.

QUIZ  #2

Read each of the ten statements below. Circle Yes or No the next column if the statement is true or false. TC "ACTIVITY #1" \f C \l "2"

 Here are some quick tips for writing, listening, speaking, and handling meetings. 

Writing

·        Use short words, phrases and sentences and give only a few important facts.

·        Get to the point quickly by listing your ideas in order of importance.

·        Use basic, everyday language, don’t use slang.

·        To avoid confusion, don’t use initials.

·        Check your writing to make sure it is clear and without any errors.

Listening

·        Stop talking: You can’t listen well while you are speaking.

·        Concentrate on what is being said: not on who is saying it.  Focus your attention on the message, the choice of words, the idea being presented and the feeling for the subject.

·        Ask questions: When you need clarification or don’t understand what is being said and also to show that you are listening.  But never ask questions certain to embarrass anyone.

·        Don’t interrupt: Allow the speaker time to formulate ideas and present them in a natural style.

·        Get rid of distractions: Put papers, pencils and other items away; these can distract you and/or the speaker.

·        Focus on the main points: Concentrate on the main ideas and not the illustrative material; examples, stories and statistics are important but usually are not main points.  Focus on the concept rather than supportive information.

Tips For Speaking With Management

·        Take deep breaths: Just before speaking, take two deep breaths.

·        Wiggle toes: Move excess nervous energy out of the upper body.

·        Know your exit line: Prepare a closing line in case your mind goes blank.

·        Speak slowly: Most people talk too fast.

·        Use your own words: Don’t try to copy someone else’s style.

·        Decide in advance what to do with your hands: whatever is comfortable.

·        Remember that some fear is good: fear means you care about what you’re doing.

Meeting With Management

·        Be firm.  

·        Be a good listener.

·        Don’t be too ready to settle.

·        Don’t be sidetracked; stick to the point.

·        Hold your temper.

·        Don’t talk too much; stick to the point.

·        Demand the same respect from management as you give them.

·        Disagree with dignity.

·        Take notes.

·        Prepare questions in advance.

·        Stick together; don’t show any disagreement between union members.

·        Watch body language.

Attitude And Body Language

·        Look at the speaker: The face, mouth, eyes, hands and body have a language of their own.  Direct eye contact helps you concentrate and shows you are listening.

·        Leave your emotions behind: Your worries, problems and fears are barriers to good communications and detract from your listening skills.

·        Control your anger: try not to get angry at either the speaker or the message.

·        Empathize with the other person: Try to put yourself in the speaker’s place so that you can better understand the message.

·        Don’t argue mentally: It’s a mistake to be preparing your answer while the speaker is talking. You can not listen and prepare an answer at the same time.

·        React to ideas, not to the person: Don’t let your personal bias toward the speaker influence your interpretations of the message. The ideas can be good even if you don’t care for the person.

We prepared this document using many materials in the Leadership Development Department, UFCW International Union. We also used information from the following publications:

·        The Legal Rights of Union Stewards, Third Edition, by Robert M. Schwartz published by Work Rights Press, Cambridge, MA. 1999.

·        Solidarity in Action: A Guide for Union Stewards, published by the Labor Center, University of Iowa, Iowa City IA. 2005.

·        The Union Steward’s Complete Guide edited by David Prosten and published by Union Communication Services. Washington, DC. 1997.

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