LEGAL RIGHTS OF STEWARDS
Union stewards are protected in their representational and union roles by federal labor law. While contractual rights differ from workplace to workplace, the statutory rights that apply to stewards are uniform.
- An employer may not retaliate, harass or threaten a steward for carrying out his/her duties to represent workers when processing grievance cases. For example, an employer violates the law if, in retaliation for grievance activity, he assigns the steward to unpleasant jobs, gives unwarranted discipline, denies the steward overtime equally with other workers, increases supervision or transfers the steward to a different shift. NLRA Sect. 8(a)(1) and Paragon Paint & Varnish (1995).
- A company is prohibited from discriminating against employees (including stewards) for engaging in union representation activities which includes grievance processing. NLRA Sect. 8(a)(3) and John P Bell & Sons, Inc (1983).
- The employer cannot hold the steward to a higher standard than other employees. For example, discipline a steward for an action when other workers are not disciplined for the same action. NLRA Sect. 8(a)(3) and Union Fork and Hoe Co. (1979).
- The employer is required under the law to meet at appropriate times with the steward (the union’s representative) to discuss and attempt to resolve grievance cases. NLRA Sect. 8(a)(5).
- When stewards are engaged in representational activities they are considered equal to management. Since stewards are advocates for workers they cannot be treated as the servant in a “master-servant” relationship. The two sides are “equal opposing parties”. The equality rule does not apply when a steward is acting as an individual. Representational activities for a steward is investigating a grievance, requesting information and presenting a grievance case. Acting as an individual is when stewards talk to their supervisors about their own work performance, work rules, etc. NLRA Sect. 8(a)(1) and Hawaiian Hauling Service, Ltd. (1975) and Letter Carriers v. Austin (1974).
- Management may not interfere with, harass, threaten an employee or discourage employees from filing grievances. For example, it would be a violation of the law for a foreman to say, “It would be really stupid for you to call a steward and file a grievance. Only lazy workers do that.” NLRA Sect. 8(a)(1) and Shippers Dispatch, Inc. (1976).
- A management representative is prohibited from making private deals with a grievant without involving the union. The law does, however, give the employer, subject to the terms of the collective bargaining agreement, the right to hear an individual complaint without the union being present. If this happens the union should quickly advise the employee and the company that the union expects to be called. NLRA Sect. 9(a).
- An employer cannot refuse to meet with an appropriate steward. The union picks their stewards, not management. An employer violates the law by refusing to meet. This does not mean an employee gets to select the steward of his or her choice. NLRA Sect. 8(a)(1) and Signal Mfg Co. (1965).
- The steward is entitled, under reasonable circumstances, to have access to the workplace to investigate and process grievances. As a result, there are occasions as described below, when stewards may want to leave their workstation. You may have contract language that deals with this issue. You may have contract language that deals with this issue. Be sure to look it up in the contract. Most contracts require the steward to obtain permission from their supervisor so as not to disrupt production. Generally, “permission” means that management may determine when stewards can leave their job assignments. Do not as a steward, union official, or employee leave your workstation without the employer's permission. NLRA Sect. 8(a)(1).
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