Teamster Stewards

www.teamster.org4. Employer Mailings, Newsletters5. Newspaper Articles onEmployer, IndustryCollective Bargaining Information1. Bargaining Notes2. Committee Meeting Minutesor Records3. Information Requests/EmployerResponses4. Attendance Records forBargaining Unit Members5. Seniority Lists, Other Data6. Annual Reports, IRS 1099’sfor Benefit Plans7. Side Letters related to Bargaining8. Wage Scales, Other Exhibits9. Job Classifications, Job DescriptionsGeneral Correspondence1.2.3.4.5.From the Local UnionFrom the EmployerFrom Benefit Plan(s)From Community Organization(s)OtherLaws and Regulations1. Federal, State, Provincial Laws thatgovern workplace or industry2. Federal, State, Provincial Health& Safety Regulations3. U.S. Department of Transportation(DOT) Regulations4. Family Medical Leave Act (U.S./FMLA)5. Americans with Disabilities Act(U.S./ADA)Review Questions What must Teamster stewardsdo with the information theycollect? What are the elements of agood filing system? What are some of the itemsstewards should maintainon site? What publications are usefulto hold or distribute on site? Some locals use computerizedGrievance Tracking Systems.Others use grievance formsand summarize them by issueor date for their business agentsand stewards. How do someof these systems enhance yourability to discuss the issueswith management?6. Canada Labour Code, andprovincial statutesConclusionInformation is only as good as the systemyou develop to organize and access it at alater date. Teamster stewards who are wellorganized will be better prepared for theirmeetings with management or discussionswith members.11

Getting Involved,Staying Involved

Getting Involved, Staying Involved“Motivate your members by setting an example . . .”Get MovingWhile it is impossible to know everything,Teamster stewards need to stay informedon local union issues and events or industry developments that may impact yourmembers. By getting involved and keepingcurrent, you make an impression on yourmembers that you care enough to maketime for meetings and other activities. Youalso motivate your members by setting anexample for involvement that they canadopt for themselves.What can stewards do to keepup to the minute? 14Establish and maintain regular contactwith the members you representMaintain regular contact with yourfellow stewards, business agent, localofficers and committee membersAttend membership, craft andspecial meetingsParticipate in local union events andactivitiesJoin a local union committeeRead The Teamster Magazine, TheTeamster Leader, your local unionnewsletter or articles on your industryor employerVisit official Teamsters Union website(www.teamster.org)Maintain regular contact with yourfrontline supervisor, other employerofficialsThe world is full ofwilling people. Somewilling to work, the restwilling to let them.—ROBERT FROSTAmerican PoetGet Involved Politically1. Join DRIVE (Democrat, Republication,Independent Voter Education)2. Staff a phone bank3. Offer to give legislative testimony4. Attend rallies and other unionsponsored events5. Volunteer at the polls6. Run for political office, delegate,party chair, committees (the Teamstershave a program called, “DRIVINGAmerica’s Future” that will train Teamstersinterested in running for office. Ask yourlocal union for more information.)7. Walk the precincts8. Help educate members about theissues that impact Teamster membersand working families9. Participate in Lobby Day or “getout the vote” activitiesGrassroots Political ActionThe more Teamster members and stewardsparticipate, the more effective our union

www.teamster.orgbecomes. You build the union from withinand, later, reach out to the unorganizedworker who may join because of yourdirect influence and involvement. Unionstewards can help promote a pro-unionclimate by getting involved in grassrootspolitical action programs.Q Why should Teamsters get involvedpolitically?A There are so many laws that governthe workplace that working men andwomen need a voice in government.Q What impact do Teamsters have ongovernment policies or legislation?A We can reverse some of the falloutfrom changes brought on by a globaleconomy or free trade agreement. Wecan provide a different point of view15

Getting Involved, Staying Involved

www.teamster.organd weigh in on things like fair trade,health care reform, energy policy, jobcreation, among others.Q Why should stewards participate inall of this?A Because stewards are the frontlineleaders on the job.DRIVE ProgramDRIVE means Democrat, Republican,Independent Voter Education. DRIVEis the Teamsters political action fund inthe United States. DRIVE was set upbecause union dues, by law, cannot becontributed to political candidates.Every member you represent shouldbe asked to contribute to DRIVE. Newemployees should hear about DRIVEat the same time you are explaining tothem what the union is and does. SomeTeamster contracts provide for DRIVEcontributions to be deducted automatically from the employees’ paychecks whena member signs up for DRIVE check-off.For members who do not have DRIVEdeduction at their worksite, DRIVEcontributions must be mailed in.From time to time, a DRIVE representative will come to your jobsite to talkabout the issues the Union promotes ona local, state, regional and national level.Listen carefully and learn more aboutthe issues and the DRIVE program. It’sour voice and it’s our future. It’s ourchance to have a say in the political systemand the way decisions are made.Contact your chief steward, officersor agents for more information on theDRIVE program.Review Questions What are some ways stewardscan stay up-to-date? Why stay current? What is the official Teamsters“URL” or website address? What is your local union’s URL? What does DRIVE stand for?Why should Teamster membersand stewards participate inDRIVE?17

All About Grievances

All About GrievancesDefining a GrievanceAlthough the dictionary provides a verybroad definition of the term “grievance”,Teamster Stewards must turn to theirspecific contract for the exact definition.Teamster collective bargaining agreements — or “contracts” — may define agrievance in several ways: Any dispute between the union andmanagement over the applicationand/or interpretation of the agreement; or, Any dispute or difference arisingbetween an employee and management or between the union and management; or, A violation of the contract.You might also grieve violations ofstate, provincial, municipal or federal law,company rules or policies, unfair or disparate treatment of workers and “pastpractices”, unless your contract languageprohibits you from doing so.Contractual grievances includeviolations of the contract memoranda of understanding orside letters previous arbitration awardsMany of your grievances will relate toviolations of the contract, such as disputes over interpretation of the writtenlanguage of your contract or intent of theparties during negotiations. Sometimes,you will reference the article and sectionof the contract that you believe has beenviolated. Other times, you will refer to20your bargaining notes where the parties –labor and management – talked aboutthe specific contract clause in question orspoke of their intent at the time the language was proposed or agreed upon.Grievances and the LawMost Teamster contracts reiterate rights orrestrictions governed by law. For example,your contract may contain language givingmembers rights to take leave under theFamily Medical Leave Act (FMLA).Likewise, Canadian contracts often reference provincial or federal law.Once written in the contract, legalrights may be grieved if violated.Therefore, writing the law into your contract gives you a powerful tool to redresslegal issues that would otherwise have tobe taken to court.What happens if your contract doesnot mention or restate some of theseemployment laws? What if your contract issilent on these issues? Generally speaking,local, state, provincial or federal lawssupersede the contract whenever the contract language violates or contradicts therule of law. Consult your Business Agentfor more information if you wish to pursue a violation of rights by law.Grievances Over EmployerRules and PoliciesWhile employers are obligated to abide bythe contract, they often have the right tomake and implement rules related to theorderly and efficient operation of thebusiness, so long as:

www.teamster.org the employer provides notice to theemployees and the union; the rules are reasonable “on their face;”and, the rules are reasonably and fairlyapplied.Management’s uneven or unequalenforcement or complete disregard for itsown rules are common grounds for agrievance.Grievances About Unfair orDisparate Treatment“Disparate treatment” occurs when twopeople are treated differently in the sameor similar situation so as to harm or negatively affect one of them.While the terms “disparate treatment”and “discrimination” are often used interchangeably, “discrimination” usually refersto illegal conduct by the employer on thebasis of race, color, national origin, gender,age, sexual orientation, or other protectedclasses by law.Unfair or “disparate treatment” ismuch different. It can cover a broadrange of incidents and behavior.Disparate treatment includes situationswhere management treats someone differently because of attitude, personality,appearance, past incidents and experiences, or union activity.While your members will bring examples of disparate treatment to your attention for resolution, they require significantdocumentation by the member and aresometimes difficult to prove.Griev·ance, n. An actualor supposed circumstanceregarded as just cause forprotest; a complaint or protestation based on such a circumstance; a real or perceivedinjustice; Indignation or resentment stemming from a feeling ofhaving been wronged.(See American Heritage Dictionary of theEnglish Language Third Edition, 1996)Past Practice Grievances“Past practice” is a term that is often misused. Past practice refers to policies, procedures, benefits or practices that Occur on a regular basis over time. Apply consistently to the entire groupaffected by the practice. Both union and management haveaccepted and/or not challenged. Do not violate or contradict thecontract or any written rule.A past practice is, by definition- An implied benefit that membersenjoy. The contract is either silent on theissue or unclear about the issue.Teamster members care about thesebenefits and practices. Usually the members have engaged in the practices for quitesome time, uninterrupted or unchallengedby management. Stewards, then, are calledupon to make sure that management doesnot change working conditions if, indeed,21

All About Grievancesthe union can assert its rights to negotiate.Some examples of common pastpractices: Wash up time immediately before theend of a shift – time that the membersuse on the clock, for pay. Assignment of new or desired company equipment or property to the mostsenior employee.A past practice grievance often ariseswhen management unilaterally — withoutnotice to the union — changes an established procedure or disciplines a workerfor engaging in an accepted practice thatmanagement wants to eliminate.What criteria should you apply todetermine if a past practice has beenunfairly eliminated? What questionsshould you ask to analyze whether or notmanagement has violated the union’s rightto maintain a past practice?Uniformity1. Was the policy or practice consistentlyapplied over a period of time? Did amajority of workers benefit from thepractice or policy?2. Can you identify a set of workers — ina particular job classification or craft,shift or department, building or facility, etc. — who benefited from the policy or practice?Longevity1. How long was the practice in place?2. Has the practice existed through morethan one contract period? The longer apractice can be established, the better it22is for the union to prove the existenceof an established practice.Mutual Agreement or Acceptance1. Did the union and management knowthat the practice was in effect?2. Did anyone object? If the employercannot establish that it objected to thepractice or got the union to agree toeliminate the practice, the union mighthave a convincing argument to maintain the practice.3. Did the issue arise during contracttalks? If so, what was the unionresponse? Did the practice remainunchanged after negotiations werecompleted?No Written Language1. Is the contract silent on the issue?2. Is the contract unclear on the issue?No Management Rights1. Is there any language in the contractthat would restrict workers from disputing management’s attempts toeliminate past practices?2. Does management have the right tochange working conditions at willwithout consulting or notifying theunion?3. What is management’s obligation tobargain on this particular issue?Sometimes the labor board will requirethat management negotiate with theunion on certain items. Check withyour local attorney to see if this issueviolates labor law.

www.teamster.orgPast practices are often difficult toestablish, prove and win back, once eliminated. In bargaining, management oftenbrings forward proposals designed to eliminate past practices.To be successful, stewards need toassemble a great deal of personal testimony and other evidence to support pastpractice grievances. Assembling a chronology of the practice along with adequateproof, including membership statements,will help your chances of success in grieving a past practice violation.Caution: employer gifts such as aChristmas bonus or a Thanksgivingturkey are often considered “gratuities,”not past practices, if it can be establishedthat they do not constitute workplaceearnings. Management’s right to direct itswork force and change operating procedures (if it does not conflict with contractlanguage) has also been upheld in somearbitrations. Lax enforcement of a ruledoes not create an enforceable past practice. Finally, even if a past practice meetsall of the criteria listed above, an arbitrator still may refuse to uphold the grievance. Check with your Business Agent tosee whether or not you can dispute management’s attempt to eliminate a practiceon your job.Discipline Grievances:Just CauseIn nearly all Teamster contracts, anemployee can only be disciplined or discharged for what is termed “just cause.”Determining whether or not an employerhas applied “just and sufficient cause” fortaking action against one of our memberscan be a very complicated matter.Only if you can answer most of thesequestions affirmatively has the employermet its obligation to take action for cause: Was a rule or order established? Was the rule or order reasonable? Was there adequate notice to theemployee about the rule or order?23

All About Grievances Was there an investigation? Wasit proper?Did the investigation produce sufficientevidence or proof?Was a penalty imposed? Was it fair andreasonable? Did the penalty befit theoffense or was it too harsh?What is progressive discipline?Progressive discipline refers to gradual discipline imposed by management when itclaims workers have violated work rules oremployer practices. Progressive disciplineadds an element of fairness to the processand is supposed to ensure that management’s conduct is reasonably related to theseriousness of the offense.Progressive discipline usually moves inthe following manner: Oral warning Written warning Suspension DischargeWhat Are “Cardinal Sins?”Some Teamster contracts establish offensesthat are so serious, they are called “cardinalsins.” In effect listing cardinal sins in thecollective bargaining agreement oftenreleases the employer from its obligationsto impose discipline for just and sufficientcause or in a progressive, increasinglysevere manner.Examples of “cardinal sins” include: Possession, distribution of drugs,Six W’s of Grievance Handling:1. Who4. WhyWho is involved? This might include themember’s full name, employee number,department, job classification, pay rate, shiftand seniority date(s) or other informationfor all involved.Why is this a grievance? Contract language,work rules, policies or procedures, or lawsthat were violated.2. WhenWhen did it occur? Try to identify thespecific date, time or shift an incident tookplace. Or, you might want to establish achronology of events.3. WhereWhere did it occur? The exact locationwhere the incident occurred, on or offemployer premises.5. WhatWhat kind of settlement do we want? Whatdoes the grievant want? What is needed torestore the worker to the same position if theinjustice had not occurred? For example, ifan employee was discharged, the demandsfor settlement may be reinstatement withback pay and benefits.6. WitnessesWere there any witnesses? Reach out tothe individuals who may have seen orheard what took place.

www.teamster.org alcohol on employer premisesFighting on the job or engaging inacts of violenceDestruction of employer propertyTheftWhile unions take serious steps tolimit the number of “cardinal sins” thatare listed in the collective bargainingagreement, oftentimes unions will agreeto some of this language since laborboards have already ruled that someoffenses are so serious they warrantimmediate action.Stewards need to educate memberson what they can and cannot do underthe contract. Stewards need to be mindfulthat any action taken against the members should be properly investigated andthat the penalty is not too severe if actionwas warranted.Hopefully, you will never have todefend a member against unfair treatment.But, if you do, make sure that you listen tothe facts, investigate, get both sides of thestory, evaluate what action was taken andappeal the case to management if, indeed,the contract was violated or progressivediscipline was not applied.InsubordinationSometimes workers get accused by management of failing to obey a direct order. Thisis typically referred to as “insubordination.”Stewards need to make sure that membersunderstand that in some instances they candraw discipline for refusing an order orrequest by

Thank you for serving as a Union leader at your worksite. To your co-workers who look to you for guidance, support and strength, you ARE the Union in action. What you say counts. How well you listen counts. How well you respond to your members’ questions and concerns counts. You are the