The standard approach adopted by employers, and indeed indirectly supported by the provisions of the labour relations act, is that employees are only entitled to be represented by a fellow consenting colleague, or on occasion, by a shop steward. Duties and responsibilities of the shop steward the shop steward has a very important job within the local union structure to help strengthen the union by providing leadership at the worksite. The legal rights of union stewards by robert m schwartz. Under the national labor relations act, union stewards or other union representatives cannot. It was surprisingly fun to read, written as it was in a nontechnical style, and with most of the information presented in a question and answer format. Steward speaking up at standup talks is protected activity 122 lrrm 1285, rockwell international illegal to threaten employees for filing. They are the first line of defense in enforcing the negotiated rights and conditions. Reviewed in the united states on september 24, 2018. The rights of employees to have a union representative present when they reasonably believe that an investigatory interview is to take place are called weingarten rights, named after a supreme court case.
Your guide to labour law in south africa labour guide. Shop steward training 3 day practical course with role plays only in house training for enquiries please contact p senekal at table of contents module 1. A stewards job can mean confrontations with the boss confrontations that could get you fired in your role as an employee. The legal rights of union stewards book pdf download. Can you request information before filing a grievance. A union has a right to information in order to make an informed decision on whether to file a grievance. Stewards are a vital link between the union and its members. A shop steward is a person elected as a union representative in the workplace. This book, which covers many subjects, is meant to be a guide and support.
Congratulations on becoming a local 464 shop steward. In spite of the fact that not an immense issue, the legal rights of union stewards comes up short in the chapter on the grievance process. Rank them in order of influence and power from 1 4. The rights of the shop stewards the labour relations act, no. A shop steward is the workers first line of defense when it comes to making sure that contractors live up to their legal and moral obligations to maintain a safe workplace. Aa shop steward training powerpoint in pdf transport workers. Ivan israelstam section 14 of the labour relations act gives shop stewards a number of special rights. Stewards are the ones who listen to members to find out what they feel and want, and then carry this information back to the unions leadership for action. Demonstrate basic understanding of the primary labour legislation that impacts on a business unit. Also, dont forget to check out all of the resources for stewards, including backissues of this publication, on the bcgeu member portal. In many cases you should be able to make your points temperately, practicing quiet diplomacy. Our rights under the contract are enforced through our grievance and arbitration process and our rights under the nlra are enforced through the national labor relations.
Managing shop stewards labour law management consulting. This particular edition is in a plastic comb format. Log into your account and find resources under tools for stewards. To resolve this dilemma, labor law accords a special status to union representatives. A union stewards rights are determined by three basic factors.
The shop stewards guide to counseling and representing pregnant workers 3 pregnant women have workplace rights based on state and federal laws as well as union contracts. Shop steward training your guide to labour law in south. These rights dont give you a license to bully management, but they do give you specific legal protections against managers trying to bully you. This shop stewards labour law training programme is seta accredited, and is aligned to unit standard 952. Steffi domike hosts the first video in this video series about union activist, leadership and steward education and responsibilities. Stewards have the same rights to assistance as other employees. Whether youre a new union steward, or simply want to bone up on your legal knowledge for an upcoming campaign, robert schwartzs the legal rights of union stewards is a welcome addition to your library. The book schools stewards on their legal rights while also stressing that legal protections arent an end in themselves but a tool for organizing union members. Topics include the national labor relations act, the special status of union stewards, the grievance process, weingarten rules, the duty of fair representation, and other federal. Hayes cover applicable labor law principles from a unions initial organizing campaign to the mature bargaining relationship, including such subjects as the employee right to engage in protected concerted activity, the duty to bargain, labor arbitration, the use of strikes, picketing and other economic weapons in resolving a labor dispute, the duty of fair representation. Weingarten rights do not arise unless management asks questions of an investigatory nature.
From time to time, employees apply to be legally represented in disciplinary hearings. It invests almost no energy in the stray pieces of composing or recording a complaint. Unofficial translation from the original khmer version. Attorney advertising 11 broadway, suite 960 new york, ny 4. The local office will provide you with a list of nonmembers at your worksite. Charges against shop stewards description an employer may not dismiss a shop steward for any reason relating to her activities as a shop steward, as this will constitute an automatic unfair dismissal. Collective bargaining agreement sample steward clause. Aug 14, 2017 thus, managers do have the right to discipline shop stewards but this must be done for fair reasons and in a fair manner.
Without access to relevant information, the nalc would be unable fulfill its responsibilities to negotiate and en. Shop steward electionnotification policy volunteers, with approval of the union representatives for that bargaining unit, may fill shop steward positions. See all details for the legal rights of union stewards. Rights of union stewards steward have equal status with management, the right to solicit grievances and the right to active participation in a weingarten setting. In the case of the national union of metal workers of south africa numsa obo motloba v johnson controls automotive sa pty ltd and others pa615 2017 zalac 14 3 february 2017, a shop steward was dismissed for serious acts of misconduct.
On the shop floor and in grievance meetings, you must defend the actions of members and contest those of management. Investigatory interviews occur when a supervisor questions an employee. You may also be interested in we offer trusted legal. The contents of this afscme steward handbookhave been developed to help you become an effective steward regardless of your particular work situation. Steward have equal status with management, the right to solicit grievances and the right to active participation in a weingarten setting. What is a constitution and why do we need a constitution. While they should act respectfully, politely and profe ssionally, stewards can and should s tand and speak up and be. Shop stewards may and should request information to monitor managements compliance with the a basic right, and one of the most useful tools for shop stewards, is the right to obtain information from management. Download the legal rights of union stewards ebook in pdf, epub, mobi. The various laws under which we negotiate give the.
Many shop stewards have the right to protect their members because of it. March 17, 2015 public employee education the steward s basics. In grievance handling, the shop steward needs to be able to listen and watch the. Pdf version download the rights of employee to have union representatives present when they reasonably believe that an investigatory interview is to take place i. Labor contract between the service employees international union, local 767, and windemere nursing. The legal rights of union stewards schwartz, robert m. Sep 18, 2017 managers do have the right to discipline shop stewards but this must be done for fair reasons and in a fair manner. However, some employers take the position that you dont have the right and. For thirty years, weingarten has been an oftenused word in the vocabulary of union advocates. The shop stewards shall be employees of the company.
The title of this book is the legal rights of union stewards and it was written by robert m. When acting as stewards, stewards are by law on the same level with supervisors and managers. Employers who want to discipline shop steward must first inform the union thereof and invite the union to consult on the intended charges. You are in the best position to understand your co workers. Hayes cover applicable labor law principles from a unions initial organizing campaign to the mature bargaining relationship, including such subjects as the employee right to engage in protected concerted activity, the duty to bargain, labor arbitration, the use of strikes, picketing and other economic weapons in resolving a labor dispute, the duty of fair representation, internal union regulation, and employment discrimination. Pregnancy discrimination is illegal and violates most collective. First and foremost, stewards should know their contract or work rules. Shop stewards are employees elected by their unionised colleagues to represent them in dealings with management. Weingarten rights union representation during investigatory interviews a vital function of a steward is to prevent management from coercing employees into confessions of misconduct. I wish all the shop stewards in the various workplaces, from whatever organization, the best of luck in their future endeavours and keep up the good work in protecting and defending the rights of workers. The role of the shop steward 7 the union steward is a key link in our union. Our rights under the contract are enforced through our grievance and arbitration process and our rights under the nlra are enforced through the national labor relations board nlrb. The rights of trade union reps trade union reps are entitled to paid time off to get training and do their work as reps as shop stewards, health and safety or union learning reps or other trade. The role of the union steward as shown on the next page, the union steward is a key link in our union.
Rather it focuses on the rights and assurances that the law bears the grievant as well as the steward too. Their role is to be the first contact when an employee is faced with a workrelated concern or issue. Its an invaluable resource for union officers, stewards, activists, educators, and students who need to locate labor laws. What lies behind one of the most significant labor law rulings in recent history. This is the cohesion and determination of employees you represent. Stewards have special status the stewards role in grievance meetings and other areas of union representation is that of and equal to managements role. It was published by work rights pr and has a total of 155 pages in the book. As a steward, you make collective bargaining agreements meaningful by. Managers do have the right to discipline shop stewards but this must be done for fair reasons and in a fair manner. Steward not in masterservant relationship with management 219 nlrb 765, hawaiian hauling service, ltd. The greater the quantity and quality of information, the better those decisions will be. The legal rights of union stewards association for union.
This book contains full texts of the 20 most important u. Here are some of the legal rights protected by the nlrb. The right to take twelve weeks leave for child birth, adoption, or in order to care for a child under one year of age. I hope you enjoy the winter 2018 issue of the steward.
Dismissing shop stewards is not easy not all infractions. A wealth of information is packed into these pages everything from steward responsibilities to grievancehandling skills, from legal issues to the history of afscme. Understanding these rights will enable you to counsel and to advocate for pregnant workers. This book is intended to provide shop stewards with the very basics of. The nlra labor law recognizes this fact and provides. Assist employees in disciplinary and grievance hearings.
Working people in america have certain basic legal rights to safe, healthy and fair conditions at work. Pdf version download as a union leader, you are local 8s representative in the workplace. This easy to navigate book is a primer on your rights as a steward and walks you through all the basics from the national labor relations act. The legal rights of union stewards is a good book to use as reference material. Shop stewards are sometimes referred to as a section secretary. Thus, managers do have the right to discipline shop stewards but this must be done for fair reasons and in a fair manner. Weve listed the most important ones, with links to related articles. It is the stewards job to explain to members what afge is, what we stand for, how we operate, our goals, programs, and successes. Ignoring the legal procedures is extremely dangerous when disciplining any employee, but to do so in the case of a shop steward can cause irreparable damage. The shop stewards guide to counseling and representing. Legal representation normally not allowed in disciplinary. Explain that the rights of union stewards are protected by our contract and by labor lawthe national labor relations act nlra.
Equality principle under the national labor relations act, when stewards and officers engage in representational activity, including grievance meetings and bargaining sessions, behavior that in other circumstances would warrant discipline must be tolerated. Supervisors and managers must treat stewards equally, the same way they treat other manage. A steward backed by a unified group, willing to act if the steward is attacked, has significant freedom of action. Tips for shop stewards what a union leader needs to do i. These included the intimidation and assault of his manager, following a heated exchange while carrying out his functions as a shop steward. Popularize and promote union consciousness and values in the workplace. Shop steward handbook ufcw 1518 member resource centre. But occasions will undoubtedly arise when you will want to raise your voice, challenge a supervisors credibility, or argue. Socalled investigatory interviews occur when a supervisor questions an employee to obtain information which could be used as a b. Under the national labor relations act, and most other labor laws, stewards have a protected legal status.
If there are more volunteers for a position, or if requested by a member, an election shall be held for newly vacated steward positions or positions open in newly created bargaining units. Steward speaking up at standup talks is protected activity 122 lrrm 1285, rockwell international illegal to threaten employees for filing grievances 208 nlrb 233, independent stove co. The rule applies when stewards are doing union business, not when theyre working at their job. The employer recognizes the right of the union to designate shop stewards, not to exceed twenty 20 in number who shall be assigned to serve specific areas of the plant to handle such union business as may arise. As shop steward, you are essential to the swift and safe completion of construction jobs in new york.
The legal rights of union stewards also available for read online in mobile and kindle. A union representative, union steward, or shop steward is an employee of an organization or company who represents and defends the interests of herhis fellow employees as a labor union member and official. When management calls a meeting to go over work rules, do employees have a right to demand a union representative. Shop steward training your guide to labour law in south africa. The role of the shop steward trade union representative.
You have specific legal rights under the national labor. Rankandfile members of the union hold this position voluntarily through democratic election by fellow workers or sometimes by appointment of a higher union body while maintaining their. The law recognizes the important role stewards play. Legal rights of stewards 29 o group discussions about the role of stewards 29 as it relates to their nlra entitlements group discussions about the role stewards as it relates to the duty of fair representation 39 questionnaire on the duty of fair representation 43 duties of the steward 44 o credibility and respect 45. Ue stewards have special rights under the law and the union contract. Welcome to the first edition of our shop steward s manual which was adapted from teamsters canadas steward s manual. This language is the broadest possible definition of the law of agency, and it. Apr, 2018 standing up to bosses is essential to being a steward. Issues as a steward, you have a lot of rights on the job in representing ue members. Communicate and disseminate official union policy, memos and directives to workers in the shop.
To many of your coworkers, you are the union, just as to many workers the supervisor is the organization. As a steward, you make the collective agreement meaningful by helping your coworkers implement their contract and defend their rights on a daytoday basis. Stewards have special status the steward s role in grievance meetings and other areas of union representation is that of and equal to managements role. Charges against shop stewards pdf labour law south.
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