What is the Role of the Steward?

• The Steward represents the members of the Local who elected him/her for issues dealing with contractual disagreements and disputes arising between the member and the management representative.
• The steward is the voice of the membership who addresses issues that arise within the course and scope of the working conditions and benefits set forth in the Collective Bargaining Agreement. S/he is responsible for maintaining the respective boundaries between the membership and the management representatives.
• The Steward is responsible for investigating and filing all grievances in accordance with the provision of their respective Collective Bargaining Agreements including maintaining accurate records and documentation of each grievance.
• The Steward is the conduit between the Membership, the Local, and the Company providing invaluable information to the membership and the Leadership thereby eliminating the possibility for disinformation to spread throughout the Local.
• The Steward is responsible for keeping the members informed and up to date on current issues and expected to conduct monthly meeting with their members.

What you need to know as a Steward Interpreting contract language can be confusing and difficult here are some tips:

• Read your contract- start with the articles that generate (or are referenced in) the majority of grievances i.e. discipline, overtime, management rights, premiums, and conformation of laws:
• Look up the issue in the back of the contract index page
• Write down the words, concepts, and clauses that you don’t fully understand
• Talk with your Business Agent, Executive Board Member, Chief Steward or stewards to get some clarification, answers or feedback from them based upon their experience.

Grievance ProcessThe Steward is the primary liaison between the Union and the Company and as such the most important function for a Steward is the processing of handling and administration of a dispute between a member and management. Most disputes are brought to the steward in the form of a grievance.

What is a Grievance?
A Grievance is a specific complaint or statement of dissatisfaction resulting in a dispute or conflict between the parties concerning interpretation of a collective bargaining agreement, working conditions or traditional work practices.

The Steward is the authorized representative for the Union who brings forward the allegation on behalf of the aggrieved member(s) charging that the member(s) has been, or is being, adversely affected by an improper application or interpretation of a Company rule, regulation, policy, procedure, or practice or by a specified action of a management representative.

What Constitutes a Grievance? A Grievance is not every complaint, concern or problem. There are 6 kinds of violations which constitute a grievance:

1. A Violation of the Contract
2. A Violation of a Law
3. A Violation of the Company’s Rules/Policies
4. A Violation of a Past Practice
5. Unfair Treatment
6. Failure of Management to Fulfill it’s Responsibilities

Is it a “Gripe’ or is it a Grievance?Figuring out what is a gripe and what is a grievance is an important skill for a Steward to develop.

1. Listen patiently, carefully and respectfully to every member. This is one of the most important parts of the Steward’s job.
2. To determine whether an issue is a gripe or grievance ask yourself these questions:

• Has the contract been violated?
• Has the company acted unfairly?
• Has the company acted inconsistently with ‘past practice’?
• Has some right, under the law, been violated?

If the answer to any of the above questions is “Yes” or even “I think so”, you are probably dealing with a grievance. If the answer is “No” or “Probably not”, then it’s most likely a gripe.

If it’s borderline – a close call – give the benefit of the doubt to the member, at least until you done a thorough investigation.

What is Past Practice?A past Practice is an implied agreement, arrangement, understanding and/or practice between employees and employers that might be unwritten or unspoken, but have been consistently applied and understood by the parties over time. Past practices are ‘the way things have always been done’ – they are understood by all parties and are legally enforceable. The parties have a continuing, legal obligation to retain and recognize such practices.

The employers’ failure to follow or abide by ‘past practice’ is as much a violation of the contract as any violation of the written Agreement. If the employer ignores, changes or eliminates the practice, the union has the right to grieve.

Generally, the burden is on the Union to show that past practice exists!

How Can You Determine if Something is a Past Practice?

Ask the following questions. Does the practice meet one of the following criteria?

• Longevity – Is it a long-standing practice?
• Repetition – Has the practice been applied/observed/followed repeatedly?
• Consistency- Has the practice been applied/followed/enforced in a consistent manner?
• Widely known/understood – Have employees come to rely on it?
• General acceptance- Have the parties accepted the practice over time?
• Importance – Has it become recognized as a condition of employment?

Past Practice Criteria for Guidance in determining the Binding Effect of Past Practice

1. Does the practice concern a major condition of employment?
2. Was it established unilaterally?
3. Was it administered unilaterally?
4. Did either party seek to incorporate it in the Contract?
5. How frequently has it been repeated?
6. Is it of long standing?
7. Is it specific and detailed?
8. Do members rely on it?

What constitutes Just CauseEmployers have the right to discipline employees, however their ability to do so is limited by the contract, the law and a whole range of precedent – legal and practical. Discipline has to be fair and reasonable.

The Seven Tests of ‘Just Cause’
A “no” answer to any one of the following questions usually indicates that the employer acted without ‘just cause’ and/or in an arbitrary, capricious and/or discriminatory manner.

1. Notice. Was the member given advance warning that the behavior would or could result in discipline? This might be a direct warning (“If you continue to do --- I’m going to have to ---!”). But, ‘advanced warning’ also can be contract language and company rules/policies (written or verbal).
2. Reasonable. Was the rule or order reasonably related to the efficient, orderly and safe operation of the business and/or reflected performance or behavior that an employer might reasonably expect of an employee? Rules and orders that don’t make the workplace safer or more efficient, for example, do not provide ‘just cause’. Moreover, if an employee sincerely believes that following a particular rule or order may seriously and immediately jeopardize his/her personal safety and/or integrity, the employee might be justified in his/her disobedience. (Remember, though: In most cases, ‘Work now, grieve later’)
3. Investigation. Did the employer, before imposing discipline, make a legitimate effort to determine if the employee did, in fact, violate the rule or order? Absent a compelling need for immediate action, the employer is expected to investigate before imposing discipline. Where there is a ‘compelling need’ for immediate disciplinary action, the investigation should commence immediately and be completed in a timely manner.
4. A full, fair and objective investigation. Did the employer make a ‘good faith’ effort to investigate the relevant evidence and search out pertinent witnesses? A ‘full, fair and objective investigation’ means considering all information and witnesses – even when it points toward innocence. Accepting witnesses and evidence at ‘face value’ might not be enough to satisfy this requirement.
5. Proof. Did the investigation produce substantial and compelling proof that the employee was ‘guilty as charged’? Actually, the employer – acting as ‘prosecutor’ and ‘judge’ – is obligated to base a disciplinary decision on real proof that the charged employee did, indeed, violate a specific rule/policy/order. They cannot rely entirely on circumstantial evidence and/or ignore evidence that points away from or exculpates the employee. While there is no requirement that evidence be “fully conclusive beyond reasonable doubt”, it should be “weighty and substantial and not flimsy or superficial”.
6. Equal Treatment. Has the company applied its rules, orders and penalties even-handedly and without discrimination? Employers are supposed to exercise their disciplinary authority in a consistent and equitable manner. Certainly, Stewards should consider race, religion, gender, ethnicity, sexual orientation and other unfortunate but familiar types of discrimination. But, look for less obvious forms of inequitable or discriminatory behavior.
7. Penalty fit the crime. Was the discipline related to (a) the seriousness of the crime and/or (b) the record of the employee with the company? There is, in fact, an established expectation for ‘progressive discipline’ and consideration of mitigating factors, including the employee’s record of performance and behavior. At the same time, an employee’s record and past behavior should not be considered as ‘proof’ of the charges at hand.

Summary of the Seven Basic Tests for Just Cause

1. Was the employee adequately warned of the consequences of his/her conduct?
2. Was the company's rule reasonably related to safe and efficient operations?
3. Did management investigate before imposing discipline?
4. Was the investigation fair?
5. Did the investigation produce substantial proof/evidence of 'guilt'?
6. Were the rules and penalties applied fairly and consistently?
7. Does the punishment fit the crime?