Education & Research: Steward's Corner
by Robert Wechsler,
Education Director
The
Steward’s Role at a Hearing
The nature and
procedures of disciplinary hearings are governed
by law, contracts, and/or procedures. In
general, the steward should follow these
guidelines at a hearing:
-
Speak to the
member prior to the hearing. If it is a
formal disciplinary hearing with a notice,
check the notice and proceed with an
investigation of the alleged infraction. If
you are called in at the last minute, seek a
postponement so that you can make a proper
investigation. If the meeting is informal,
make sure the member has time to talk with
you ahead of time or take a recess to get
some understanding as to what happened.
-
Prior to the
hearing, inform the member who will be
present, how the meeting will be conducted
and what he/she should expect.
-
Get as much
information as you can beforehand. Do not
let the employer withhold information. If
they do, speak to your local union. Document
any denials of information in writing and
get it on the record.
-
If there are
any witness at the meeting or hearing you
should question them as you see fit. In most
formal hearings, the process of questioning
the company's witness is called
cross-examination. You have a right to ask
these witnesses questions to determine the
accuracy of their testimony and their
biases. Your rights to questioning should
not be interfered with by the hearing
office. If you are denied that right, make
sure that such denial is entered on the
record.
-
It is perfectly
proper for members to answer questions with,
"yes," "no," or "I don't know." Once the
member has answered a question, he/she is
under no obligation to elaborate.
-
At most
hearings the steward can take as active a
role as he/she sees fit.
-
You can stop
the meeting at any time to speak privately
with the member.
-
Take notes or
bring in a second person to take notes. Some
TWU contracts explicitly state that the
union can bring the same number of
representatives into a hearing as has
management.
-
Do not rely on
the supervisor's notes. If this is a formal
trial, such as in the railroad industry,
make sure that the trial transcript
accurately reflects what happened at the
meeting.
-
The written
record is important. It documents what
actually was said, not what was allegedly
said. Cases have been won and lost on the
accuracy of the record.
-
The bottom line
is to make sure that the member is treated
as fairly as possible under circumstances
that are heavily weighted against him/her.
You must handle all discipline as if the
case will go to arbitration. Remember, even
if the investigation does not go the way you
had hoped, you can challenge the discipline,
how management conducted itself through the
process, or the just clause section of your
contract by appealing through your grievance
procedure.
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