Stewardship 101
So a number of folks have said, “Why not provide training?” While I do plan on providing training, I thought I’d write down some fundamentals.
Do you enjoy working with people, helping them in times of need? Do you take satisfaction in righting a wrong, and working to resolve disagreements? Then stewardship is for you.
Time Commitment
How much time does it take to be a steward? Depends entirely on the case and how far the process goes. The amount of time you can provide is the amount of time it takes, we’re happy to have whatever help you’re able to provide. Step 1 is easy–file a grievance (a one-paragraph e-mail to HR stating that the Union is filing the grievance on behalf of the employee plus a brief description of the issue) then meet with the employee to discuss the details of the case and give guidance. Meet with management to present the concerns and remedies requested. Wait for a response, and start formulating what a formal complaint might look like (and do research and ask others in the steward corps if you need help.) Step 2 formal complaints, in my experience, should be limited to a brief background, the charges (what contractual language, policies, regulations, and/or laws were violated) and the requested remedies. A couple pages of text is plenty, you don’t need to present your evidence at this step (but you should give a rough time line of events and an outline of facts that feed into the charges.) Step 3 is even easier, simply state that you are appealing the step 2 decision (although it is valuable to tailor your appeal to the next level of management, appeal to their interests.) I find that for many cases it’s a couple hours for step 1, 4-6 hours for writing the formal (step 2) complaint, a couple hours for a step 3 appeal. If you are taking the case all the way to mediation or arbitration, that’s where the serious amounts of time come in. You’ll easily spend 20+ hours organizing evidence, selecting an arbitrator, presenting your case, and talking with Union lawyers. Luckily, you’ll never get to that stage on your own, the Union and the Union’s lawyers are sure to help out and/or take the case over if you are in over your head.
Prosecuting A Case
Duty to Fair Representation - the Union must represent all employees in the bargaining unit equally, whether or not they are a paying member. In fact, it’s best that you not know who is a paying member or not, and come up some standards for which cases you take (first-come-first-served is a simple one.)
Personal grievances must have personal remedies - a grievance must make the employee “whole”, or otherwise try to address the wrong by doing right by the employee, and the remedies must stem from the complaint. You can certainly ask for anything, an apology, a reassignment, a reprimand for your boss, but you’re not likely to get anything that doesn’t address your personal issue, at least not from an arbitrator.
The steward represents both the employee and the Union on the matter; there may be cases where the employee disagrees with the steward or where the employee requests remedies that are contrary to the interest of the Union, and there are likely cases where the Union is aggrieved as well as the employee. (For example, an employee who receives a poor performance rating due to improper performance planning and evaluation processing.) It may happen that you, as the steward, feel that the employee should take a settlement or drop their case.
The steward must keep close track of the time line and ensure that the steps are followed in a timely fashion; unluckily missing a deadline is going to cause significant issues if the case gets to arbitration. If you are getting close to a deadline and you don’t believe you can make it, you can ask HR for an extension (which they should grant unless they have good reason to deny an extension–and, HR may ask for extension that you should grant unless there is a significant reason for a denial.)
The formal complaint should be clear, concise, and provide a background to the case, the charges, and the remedies requested. Don’t “kitchen-sink” your complaint, you will be afforded opportunities to present evidence and dispute the facts in detail at arbitration and/or at the step 2 and step 3 meetings. But lay your case out completely and your remedies clearly. If management provides the remedies you request, your case is won (and is over, be happy! No “but we also want…”) That isn’t to mean that you must provide everything in your formal complaint, facts may arise at later steps that clarify, or change your position on the matter. An arbitrator will be reasonable in what you present in your case but you must have good reason for adding charges, remedies, or otherwise changing aspects of your complaint.
Employees should try to resolve the issue on their own first, if at all possible. When the Union gets involved in a case, HR gets involved and management is less interested in resolving the issue as they start to organize their defense. But employees MUST keep track of the time line, they have 30 days from an event to file (ongoing issues may reset that time, but as Lilly Ledbetter can attest, timely filing is critical!)
Be aware of Weingarten rights and be wary of retaliation. Further punishment, particularly when the punishment is for minor offenses or offenses that occurred before the most recent events, are signs of retaliation. The Union (or the employee) can file an Unfair Labor Practice charge against management for retaliation and the FLRA will investigate the case vigorously. Weingarten ensures that if you are being asked questions by your manager that may result in your being (further) reprimanded, you have the right to have a Union representative present. If you are in a meeting (even a hallway conversation) where you are being questioned, state that you wish to have a Union rep present (or use the magic Weingarten term). Your management should immediately cease the questioning and contact HR to arrange for a Union rep. Note that Weingarten does state that you must answer the questions, it’s not the Fifth Amendment, but that you can have the Union representative there to guide you on how to answer and what you may expect.
The steward is not a lawyer. You are not expected to know all of the procedures of evidence, you are not expected to know all of the laws, regulations, and policies, you are allowed to make honest mistakes. You are not duty bound to represent a grievance to the end of the earth, you are entitled to your own position even if it is in conflict with the employee, but you must represent the Union and the bargaining unit’s interests (not your own, certainly!) You are at no risk of penalty for being a steward (you cannot be charged with malpractice.) But you can put the Union at risk if you grossly misrepresent an employee or totally botch their case, but that is rare. Additionally, while HR is bound by the privacy act, the steward is not bound by the privacy act, but should keep their case confidential and share information only on a need-to-know basis and only provide generalities if at all possible.