Shop Stewards

drv Your Rights as a Steward

As a steward, you have a lot of rights on the job in representing your members; rights that your boss would prefer you didn't know about.

A steward's job can mean confrontations with the boss — confrontations that could get you fired in your role as an employee. The NLRA (labor law) recognizes this fact and provides three specific protections for stewards involving:  

  • Equal Standing
  • No Reprisals

  • Equal Treatment

Don’t let the boss con you!

As a Shop Steward, you’ve been chosen to represent the members in your work place. A job that most bosses would like to keep you from doing. Here’s a brief list of some of your rights and obligations.

  1. You have the RIGHT to grieve about unfair treatment whether you saw it happen or someone calls it to your attention. Bosses may accuse you of "soliciting grievances," but don’t be fooled! It’s your duty to encourage workers to grieve about legitimate issues — or file them yourself.

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

  3. You have the RIGHT to organize and encourage your fellow workers to do the same in support of an issue or grievance, so long as it doesn’t take place on work time and interfere with production. The boss can’t 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 there’s a special reason for a dress code.)

  4. You have the RIGHT to request from management, the information you need to process a grievance. 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 (Members' Rights)

  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 can’t bypass the union when responding.

  7. You have the RIGHT to stand toe-to-toe with your boss when you’re 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.

A vital part of your job is to keep management from intimidating workers, especially when a boss is trying to get a member to admit to wrongdoing. Weingarten Rights won’t help if workers don’t know about them, because the boss doesn’t have to tell them. If they answer the questions, they’ve given up their right to representation.

OPEN DISCUSSIONS TO CLOSED-DOORS

Shop Stewards should make sure members understand that if any discussion with management, from a closed-door meeting to a discussion with a supervisor on the job, could lead to the possibility of discipline, they need to ask immediately for a Shop Steward or local officer. The request can be made at any point.

Ideally, a member should say something like: "If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my Shop Steward be present. Without representation, I choose not to answer any questions. This is my legal right."

Anything close to this statement will do. Any further attempt by a boss to ask questions is illegal until a steward arrives. If management denies a request for union representation, this is an unfair labor practice, and the member may refuse to answer any questions.

DON’T WAIT

As a Shop Steward you can take your own action if you see a worker is in a meeting or conversation with management where they are in danger of being disciplined. You don’t have to wait for the worker to ask. You should make sure you are part of that meeting yourself.

When you arrive, check to see what the issue is about. Then meet privately with the member for a couple of minutes. Talk with them about questions that may be asked. Advise them to be careful and that anything they say could be used against them. Warn them not to volunteer any extra information, to keep answers short, and to stay calm.

WHAT SHOP STEWARDS CAN DO

During the meeting, you should take notes on what was said and who said it. Not only will this help you keep your facts straight, but it could make the boss nervous if he or she doesn’t have much of a case.

As a Shop Steward, your power includes:

  • Stopping the boss from harassing or abusing the worker;

  • Asking the supervisor to clarify any questions the member may not understand;

  • Advising the worker how to answer questions;

  • Providing the boss with additional information when the questions have ended.

  • Requesting a recess during the meeting if you need more time to talk privately with the member.

  • Requesting that the meeting continue another time if information is presented that requires additional investigation or preparation.

WHAT SHOP STEWARDS CAN’T DO

You cannot negotiate over the subject of the meeting. And you do not have the right to tell workers not to answer a question or to give untrue answers. Refusal to answer questions can be a reason for discipline.

If a worker’s Shop Steward is not available, another Shop Steward or Union Officer can be asked to attend. Workers also have the right to ask for a particular union representative, if both are equally available.

Here are a couple of final points to keep in mind:

If a worker is asked to provide information about another employee, that employee also has the right to ask for a Shop Steward. This is because failing to answer could lead to disciplinary action, and therefore, the right to representation.

Management can have private conversations with workers that will not lead to discipline, issuing a warning or other disciplinary action, for example. On the other hand, workers should know that a casual conversation with a supervisor that starts harmlessly (over work, for example), but begins to lead to the possibility of trouble, can be stopped until a Shop Steward can be asked to be present.

EVERYONE IS REPRESENTED

Local Officers and Shop Stewards also have a right to be represented. Don’t fall for a common company line that Shop Stewards and officers don’t need further representation. All union members have this right.

Weingarten Rights are a powerful tool in doing your job of defending member’s rights. But remember, these rights are worthless if they are not enforced!!