Shop Steward Information - home

* What a steward should know
* Steward's responsibilities
* The grievance procedure
* Investigating grievances
* Past practice grievances
* Steward rights
* Just cause for discipline
* Arbitrations
* Breaking in a new boss
* Management rights
 

STEWARDS RIGHTS

Issues:
  • As a steward, you have a lot of rights on the job in representing members; rights that most bosses would prefer you didn't know about. We've listed the most important ones, with links to related articles.

  • A steward's job can mean confrontations with the boss ó confrontations that could get you fired in your role as an employee. The Labour Law recognizes this fact and provides three specific protections for stewards involving:

    • Equal Standing
    • No Reprisals
    • Equal Treatment

Know Your Rights ...
Stewards have rights under the law and the union contract. They provide real protection for members and stewards ...but you got to know them before your can use them!

 

STEWARD'S RIGHTS

Donít let the boss con you! As a Steward, youíve been elected to represent your members ó a job that most bosses would like to keep you from doing. Hereís a brief list of some of your rights and obligations.

  1. You have the RIGHT to grieve about unfair treatment ó whether you saw it happen or someone calls it to your attention. Bosses may accuse you of "soliciting grievances," but donít be fooled! Itís your duty to encourage workers to grieve about legitimate issues ó or file them yourself.

  2. You have the RIGHT to carry out investigations of grievances, including interviews of grievants and witnesses. Most contracts provide for investigation on "company time." For those that donít, there is often a clear past practice that allows this. But, if not, every grievance must be investigated as thoroughly as necessary, even if itís on your own time.

  3. You have the RIGHT to organize and encourage your fellow workers to take action in support of an issue or grievance, so long as it doesnít take place on work time and interfere with production. The boss canít stop you from getting people to wear stickers, sign petitions, carry signs, or take similar actions on break or lunch time. (Of course, stickers, buttons and caps can be worn all the time, unless thereís a special reason for a dress code.)

  4. You have the RIGHT to request the information you need to process a grievance from management. You should put these requests in writing. Management is obligated to respond.

  5. You have the RIGHT to be present in any meeting between the boss and an employee if it might lead to discipline

  6. You have the RIGHT to be present every time a grievance is being "adjusted" or settled. Even if a worker has taken up the grievance on their own, the boss canít bypass the union when responding.

  7. You have the RIGHT to stand toe-to-toe with your boss when youíre conducting union business. You can get loud, angry, forceful, and speak your mind during grievance meetings. This is the "Equality Principle" that says you and the boss are equals in grievance discussions.

All of these rights are legally guaranteed, but they depend on how well you use them. When you do, your members will find their rights are protected, too.

As a Steward, youíre elected to protect the rights of other members and defend the contract. Our style is militant and aggressive. Itís the best defense against bosses who try to undermine hard-won gains. To be effective, itís important to know the weapons and protections we have as stewards.

Most of us know our weapons: the contract, the grievance procedure, the Labor Board, and, most important, shop floor unity and organization. Less well-known, perhaps, are the protections we have under the law.

(The rights described here are protected by the Labour Relations Act (LRA). Public sector workers are protected by similar state or federal laws.)

THE EQUALITY RULE

Probably the most important protection is called "The Equality Rule." This rule acknowledges that your job is likely to involve confrontations with managementóconfrontations that could lead to discipline under the normal rules of employer-employee relations.

You can openly disagree and argue vigorously with management during grievance meetings; question managementís authority; and, demand certain actions of management, all without risking disciplinary action.

The "Equality Rule" makes you a "legal equal" to the boss. But, itís in effect only when you are doing your job as a steward, not when youíre acting as an individual employee. Youíre acting officially when you investigate and argue grievances, request information and otherwise defend your members.

There are limits to what you can do, though. Threats of violence and actual violence are prohibited, as are extreme profanity, name calling, and personal attacks. Actions barred by your contract are not protected, either. To prevent supervisors from claiming you "exceeded the limit," itís wise to have another steward or member with you during meetings with management.

NO REPRISALS

The boss is not allowed to use discipline, either real or threatened, or any other form of intimidation to discourage you from doing your job. For example, you canít be denied overtime opportunities, promotions, job transfers, bumping rights, or any other entitlement as punishment for doing an aggressive job. Nor can management assign you to the most undesirable jobs or more closely supervise you than other workers.

EQUAL STANDARDS

Some supervisors try to hold stewards to higher standards than others. "You, of all people, should know the rules," is often a statement heard when some rule has been broken. This is illegal, too. Youíre not a "super-worker" and you canít be singled out for unusual discipline to "set an example" or because you should "know better." The only exception: not carrying out responsibilities required of the union under the contract.

WHAT TO DO

If the boss breaks these rules, there is most likely a contract grievanceóand, an Unfair Labour Practice charge can be filed with the Labour Board.

WORKPLACE ORGANIZATION

As in the case of most other grievances, a workplace strategy for solving the problem is often much more effective than dealing with the LRBóespecially because the Board is often frustratingly slow to respond. But, if you feel that a unfair labour practice charge should be filed, talk with your Regional Representative and local officers about the best way to proceed.