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Education & Research: Steward's Corner
by Robert Wechsler,
Education Director
The Disciplinary Interview
When any
local union examines the number of
grievances filed in a year, they usually
report that most of the paperwork deals
with the issue of discipline. While we
don't often challenge the right of
management to issue rules, we are more
likely to challenge the manner in which
management enforces the rules.
In most cases of discipline, members
have a right to a fair investigation and
a hearing on the alleged infraction.
Some of our railroad contracts refer to
these hearings as a trial and the
employers follow a very formal
procedure. On the American Airlines
system, the hearings are called 29f
hearings, after the corresponding
article of the agreement.
While details and procedures may differ
in certain contracts, there are some
basic rules which apply to all
disciplinary hearings.
1. The member should always ask for
union representation.
First and foremost, if a member is
called into any labor-management meeting
in which he or she feels that discipline
may be assessed as an outcome of the
meeting, they should ask for a union
steward to be present.
This is right that a local union must
make clear to its members. Contracts and
bargaining laws may differ as to how
that right should be exercised, but the
bottom line is that no member should go
into this kind of meeting without union
representation.
Few members are well-versed in their
contractual rights, work rules, and
limitations on managements' rights as a
union officer. A steward has protected
rights at any labor-management meeting
when acting as a union representative. A
member does not. That means a steward
can say things and act in the kind of
advocacy role that a member cannot. And
that role is protected usually by law
and/or contract.
A steward has two key roles at any
disciplinary hearing: (1) to protect the
member, (2) to protect the union and the
contract. These roles are inter-related.
2. What should the member do if the
meeting is not a formal one?
Unfortunately, many meetings which
result in discipline do not appear to be
formal hearings when they start. A
member might be pulled aside by a
supervisor who asks, "Would you mind
stepping into my office for a minute?"
A member should always question the
nature of the meeting. "What's up?" is
the usual response. A better answer
might be, "I will comply with your
request if you tell me what is the
nature of the meeting." or "Sure, just
tell me what's this all about."
If the supervisor's answer in any way
indicates that the supervisor may be
investigating an incident, reviewing a
record, or if you feel that the meeting
or its outcome in any way will take the
direction of discipline, the member must
ask to have a union representative
present.
If the member is unsure of the content
of the meeting, he or she should still
ask for a union representative to be
present. Denial of that request under
certain laws and contracts is grievable
and can (although not always) mitigate
the discipline assessed over the alleged
offense.
3. What should the steward do if the
meeting has already started?
There will be times when the member
does not exercise his or her right to
representation at a disciplinary
meeting. If the shop steward finds out
and sees the supervisor's door closed,
the steward should knock at the door and
request that the supervisor inform the
member that a union officer is outside
waiting to sit in at the meeting.
If the request is denied, document the
denial in writing and ask the supervisor
to sign it. What you are doing is
creating a record that the supervisor is
denying the member his or her rights to
representation.
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