Update for Stewards Vol. 9, No. 5

DealingWithInvoluntary

JobTransfers

DealingWithInvoluntary

JobTransfers

STEWARD UPDATE NEWSLETTER

DealingWith InvoluntaryJob TransfersFew workers would dispute that an

involuntary job transfer is betterthan an out-and-out layoff — hav-

ing some kind of a job in this economy isbetter than no job at all. Still, involuntarytransfers can spur all sorts of problems,and helping a member work throughthem can keep a steward’s hands full.

There are huge pressures on rev-enue-starved governments toeconomize today, and corpora-tions continue look for ways tosqueeze out profits. So whenpeople leave, their positionstend to get eliminated in a budg-et-shrinking strategy known asattrition. The work gets dividedup among the rest of the work-force, which often means peopleget shuffled around and workerscan frequently be given a take-it-or-leaveit option to be transferred elsewhere.

Rarely is anyone happy about this.However, unlike many other problemsthat stewards have to deal with, a transfershould not be a surprise. As the steward,you should not only have been aware ofany ongoing discussions that couldinvolve transfers, ideally, you would havebeen involved in those talks. At the veryleast, you should be familiar with anycontract language that addresses transfers,so that when an unhappy worker stopsyou in the hall or the break room andsays, “Can you believe this? They wantme to commute fifty miles to Rockford!”you have a frame of reference with whichto respond.

Find Out What’s InvolvedIn order to respond to the unhappy work-er, you must first find out exactly whatthe transfer involves: place, date, timelinefor a response, consequences of turning itdown, and so forth. There should be apiece of paper on which the conditions ofthe transfer are clearly outlined. Detailsmake the difference — you do not want

to be working from what someone heardsomeone say. Set up a meeting with theworker as soon as possible and make surehe or she brings this piece of paper, andprepare for the meeting by making sureyou know what the contract says abouttransfers.

During the meeting with your mem-ber, find out why she has aproblem with the transfer. Anymajor change in a job can betraumatic, but it’s importantto find out exactly what theproblem is. Perhaps her cur-rent route to work enablesher to pick up a grandchildand take her to school.Perhaps the work arrange-ments that have been

made over the years at his currentlocation are deeply cooperative and wouldbe hard to reproduce elsewhere. Perhapsthe transfer is not just to a new location,but to a new job requiring different skillsand knowledge — or less skill and knowl-edge and less pay. Perhaps she does notwant to risk a probationary period, andfears that this transfer is just a way to getrid of her job entirely. If that’s a possibili-ty, is this a case of disparate treatment? Isit management’s way of isolating a unionactivist?

An Important MeetingThis meeting is extremely importantbecause, even if it’s not possible to fightthe transfer, at the very least the workerhas been able to hear her problemreflected back from the union’sperspective and has been told what theunion can and cannot do.

But what can the union do? Let’sassume your contract covers transfers andsays that management may carry out aninvoluntary transfer for “business necessi-ty” or economic reasons, but that thetransfer must be between jobs of equal orcomparable skill and compensation, that

training will be provided, and that therotation of transfers is in the order ofreverse seniority. Ideally, seniority, vaca-tion, sick days, overtime rotation position,and other negotiated conditions will carryover from one job to the other (in thesense of a worker being “made whole” —here, you want the worker to remain“whole” across the transfer). Let’s also sayyour contract stipulates that no new pro-bationary period is imposed and the workwill be about the same as performed inthe old position.

Possible NegotiationsIf this is the case — let’s hope it is — andif there is no way to prevent the involun-tary transfer, there are still some thingsyou can negotiate. For example, is there away to collectivize this problem? Can youfind someone else who might volunteer totake the transfer? Can you negotiate asubsidy for moving or for a longer com-mute? How about a flex schedule, toenable the person to continue to do thechildcare or eldercare? How about a rightof return, if after six months or a year thecommute has proven to be a hardship thataffects the worker’s family too severely?

Finally, is this new job exactly thesame job, or is it a way to transfer theworker’s experience from her original joband make it pay off rapidly in the new job— in which case the new job is really apromotion, and should be paid at a higherrate. If you can swing any or all of these,you may raise the future labor standardsfor everyone.

Ultimately, your main job as stewardis to improve the conditions of the work-force overall, not just to represent onemember. Transfer issues can become divi-sive, resulting in anger and demoralizationand weakening the union for the nextfight. While they’re not always avoidable,it’s good to keep that potential in mind.

— Joe Barry and Helena Worthen. The writers are veteranlabor educators.

STEWARD UPDATE NEWSLETTER

From factory to office to construc-tion site, workers in virtually everysetting are confronted by poten-

tially hazards substances. Fortunately, theOccupational Safety and HealthAdministration’s Hazard CommunicationStandard, or HCS, requires employers toprovide workers with information aboutthese substances. HCS is a valuable toolthat can be used by stewards everywhereto strengthen health and safety protec-tions for their coworkers. (An equivalentlaw in Canada is The WorkplaceHazardous Materials Information System,or WHMIS.)

The purpose of the standard is togive workers the right to know whetherthey may be exposed to hazardous chemi-cals — anything ranging from office clean-ing products to manufacturing chemicalsto construction site solvents, and more. Itis also intended to ensure that workersknow the risks involved in their job dutiesand understand how to prevent illnessesor injuries that hazardous substancesmight cause. Although HCS, in effectsince 1985, originally applied only to themanufacturing industry, it now covers allworksites. It has five essential elementsthat stewards should understand. The lawsays that employers must:� Train employees before they work withdangerous chemicals, and whenever newsubstances are introduced into the work-place;� Provide access at the worksite toMaterial Safety Data Sheets (MSDS) —fact sheets about a particular chemicalworkers may be exposed to;�Develop and make available to workersa written hazardous communication pro-gram. This includes a plan for employercompliance with the law, a list of haz-ardous substances and methods forinforming workers; and� Furnish information on the effects andproperties of chemicals, even if the chem-

Your Right to KnowUnder OSHA

ical name is withheld because it is a“trade secret.”

Other Legal RequirementsThe law also requires that containers hold-ing toxic chemicals must be properlylabeled and identify any hazardous sub-stance and provide warnings as appropriate.

Although OSHA itself estimates thatmore than 32 million workers are exposedto 650,000 hazardous chemicals in morethan 3 million workplaces, most U.S.employers virtually ignore HCS.

Hazard Communication Standardviolations are treated the same as any fed-eral health and safety violation. Uponrequest, your area OSHA office will sendyou a complaint form to complete.(Complainant’s names will be kept confi-dential and they are protected by lawfrom harassment.)

The Union’s RightsUnions also have the right to:� Ask employers for a copy of their writ-ten program, a schedule for training, andMSDS forms for information about partic-ular chemicals in your workplace; and� Use the standard along with the OSHAAccess to Medical Records Standard to

obtain all the information an employerhas, including monitoring records and theresults of any medical testing.

Steward StrategiesInformation obtained through this law canbe used strategically by stewards in a vari-ety of ways, including:� To support members’ compensationclaims or personal injury lawsuits;� To file grievances and push for strongercontract language;� To develop a “10 Most Wanted List” oftoxic chemicals, and try to replace thesechemicals with less harmful substances.

�

Some states and provinces have their ownRight to Know laws, and in a few casesthey are more expansive than the hazardcommunication standard. For informationabout Right to Know laws in your area,you can call your state AFL-CIO orprovincial labour federation. For moreinformation about the OSHA standarditself, contact your union’s safety andhealth department.

— Jim Young. The writer is National Director of Educationand Program Development for the BlueGreen Alliance, whichincludes 10 large labor unions and four national environmentalorganizations and is based in the U.S. with a sister organizationin Canada, BlueGreen Canada.

For your free copy write to UCS, 165 Conduit St., Annapolis, MD 21401,call 800.321.2545, email ucsbooks@unionist.com, or visit us on the weband see an even larger selection at www.unionist.com

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2012BOOKS

For Union Leaders,Activists & Members

STEWARD UPDATE NEWSLETTER

Not all conflict that stewards han-dle is with management.Conflict can arise within the

union, too —within leadership circles,disputes with members, clashes amongdifferent constituency groups within theunion. How a steward responds canstrengthen or undermine con-fidence in his or her leader-ship and affect membershipsolidarity.

Conflict isn’t going away,nor should it. Conflict can bea source of learning, creativesolution finding, neededchange and, yes, relationshipbuilding. It tells you some-thing isn’t working. So fix it. If the issuesare real, the conflict will persist untilunderlying concerns are addressed. Whileconflict may not be resolved in a way thatgives everyone what they want, it can behandled so that members feel acknowl-edged and respected in the process.

Choices Influence BehaviorWe all make strategy choices which influ-ence behavior. We can choose anapproach that builds respect and relation-ship or one that provokes distrust, resent-ment, and division. Choosing a strategythat supports relationship building does-n’t mean giving in. Learning to view our-selves as advocates for our concerns,rather than adversaries forcing positions,opens doors to new possibilities.

Many of us grew up playing tic-tac-toe. We learned early on to view the otherside as our adversary. What one side wins,the other side loses. We succeed by out-smarting the other side, forcing them intoa position where they must concede. Tohelp them meet their needs or considerseriously their concerns is considered asign of weakness.

Unfortunately these instincts don’twork well when it’s important to preserve

respect and unity within the union.Viewing the other side as an adversarygives permission to disregard what theysay, to discredit or belittle them, to intim-idate them so they’ll yield. When tensionheats up, we run the risk of gettingcaught up in the argument, of being side-

tracked by accusations andof overlooking key infor-mation that might lead tothe discovery of a solutionthat works for everyone.

Where relationshipsare important, you have tolearn from the others’ per-spective, add your con-cerns to the mix and work

together to resolve conflict. Whenprogress seems blocked, consider thesetechniques.

1Usepower to bring the otherside into the conversation.Conflict is like a puzzle. Each side

brings a piece of the solution. Conflictresolution is about discovering the piecesand finding a way to put them together.Using power to impose an outcome thatonly works for you will meet with resist-ance and cause resentment. Even if theother side yields, the relationship is likelydamaged. Instead, use power to bringthem into the conversation, then worktogether to find the solution.

2Talk to them; not to your-self. Conflict resolution is allabout communication. Think dia-

logue, not debate. Ask open-ended ques-tions. Suspend judgment when listening.Stay alert to the underlying concerns thatdrive their dissatisfaction. This is keyinformation. Letting them tell their storylowers their tension level and createsgreater willingness on their part to listento your story.

3Don’t rush to solution. Oftenboth parties begin by declaringwhat’s wrong and assert positions

outlining what should happen. Positionsclash. Each party tries to persuade theother why their view is right. When thisfails, the conversation collapses into non-productive challenge and a back and forthof rejected proposals. Emotions flare asinstincts to discredit and outmaneuver setin. Progress toward resolution gets lost inthe shuffle. When this happens, stop.Take a step back. It’s likely too early inthe process to focus on the outcome.

4Surface the underlying con-cerns. Instead, use the conversa-tion to clarify underlying con-

cerns that drive the other side’s discon-tent. Concerns are the “Yes” factors thatdetermine if an outcome is acceptable.You should be aware of your own con-cerns as well. Once both sides understandthe full range of concerns that successfulconflict resolution should address, thestage is set for solution-finding.

5Restate the issue as a prob-lem-solving question framedaround concerns. The break-

through often comes by posing the ques-tion: So what are we really talking abouthere? The response restates the issue as aproblem-solving question that reflectsboth sides’ main concerns. Framing theissue this way guides the parties into aproblem-solving mode, generatingoptions until a solution is discovered.Even if one side is unable to have alltheir concerns met, it’s likely they willwalk away with a realistic understandingof why not and the knowledge that theywere taken seriously and given a fairhearing.

— Susan Woods. The writer is a workplace facilitator andtrainer and has taught for Cornell Labor Studies for manyyears.

Workplace Conflict andRelationships

How a stewardresponds toconflict

can strengthenor underminethe members’confidence.

petition, distributing flyers, surveyingcoworkers about contract demands, mak-ing phone calls, or corralling people for aluncheon meeting, for example.

When making the ask be sure todefine the task clearly — what the dutiesare; who they will be working with; howmuch time it will take each week (day,month) and how long it will last.Members are a lot less likely to say yes ifthey aren’t sure of what they’re gettinginto.

Once you’ve got an activist, don’toverload him or her with work. Encouragethe new activist to get one or morecoworker friends to help out as well: makehalf the phonecalls, distribute some of theflyers, be responsible for who brings whatto a union picnic.

And finally, make sure your fellowvolunteers feel appreciated. Hold a socialevent for activists, put their names in bul-letins/newsletters and introduce them atunion meetings so everyone knows who’shelping. In short — say thanks.

The dictionary defines “successful”as “gaining or having gained success.” Tobe a successful union leader, you had bet-ter first understand “to activate.”

— Paul Reilly. The writer is a local representative for theWashington-Baltimore Newspaper Guild, TNG-CWA Local32035

STEWARD UPDATE NEWSLETTER

W ant to avoid stewardburnout? Well, for starters,keep reading.

Many new stewards are amazed todiscover how much time their unionduties can consume. There’s alwaysanother grievance to be resolved, a mem-ber’s question to answer, a piece of infor-mation to be found or fire to be put out —and you’re the person everyone is assum-ing will do the work.

If you’re not soon looking for help,you’ll probably soon be looking for theexit.

The key to avoiding burnout is get-ting your colleagues “in motion” andactive. Of course, that’s easier said thandone.

Identifying Potential ActivistsWhere do you start? There are lots ofways to identify potential activists. Oneway is make sure there’s a signup sheetfor every union meeting or event youwork on. This is especially important ifyou are in a big shop or work for anemployer with multiple shifts.

While it’s always important to keeptrack of who’s at events, those signupsheets can be a source for activists.

You will find that those who take thetime to attend union events may also beinclined to help — especially the morevocal participants.

Another way to find potentialactivists is the squeaky wheel. Thatemployee who always emails, calls orstops you in the hallway to talk aboutunion issues could very well be an activistwaiting to be recruited.

If you’ve ever done a mobilizationeffort, chances are potential unionactivists were a part of it.

A Member’s Idea, a Member’s TaskThen there’s the tried and true method ofwhen a member suggests something theunion should be doing — say having adepartment picnic, bowling tournament orother event for members and their fami-

lies. First praise the plan, then ask themember making the suggestion to put ittogether.

Finally, it may sound counterintu-itive, but find a busy person in your shop.They could be busy for a reason — theytake on projects and work others shun.For people who get things done, whatmay appear like a huge task to lower-energy folks may to these active folksseem like nothing at all. You won’t knowuntil you ask.

You may be wondering, Why are allthese potential activists on the sidelines asyou do all the work?

Well, did you ask them to help?

Making the “Ask”Getting people active in the union is a lotlike recruiting union members in an openshop — you have to talk to them.

Notice that key word, ‘talk.’The same principles apply — do it in

person not via email or phone. Find a con-venient time for the two of you to talk.Have a specific task in mind, preferablytailored to an activity the recruit is likelyto be receptive to. For instance, the per-son who is chair of her church social com-mittee might very well be willing to helpwith union social activities or just plain“people contact” tasks: passing around a

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The IAM Educator Update for Stewards is published six times a year by Union Communication Services, Inc. (UCS), Annapolis, Md., in partnership with the IAM’s WilliamW.

Winpisinger Education and Technology Center, 24494 Placid HarborWay, Hollywood, MD 20636. For information on obtaining additional copies call 301-373-3300. Contents

copyright © 2011 by Union Communication Services, Inc. Reproduction outside IAM in whole or part, electronically, by photocopy, or any other means without written consent of

UCS is prohibited. David Prosten, editor and publisher.

Dear Sisters andBrothers,

The IAM has always been at the f

orefront of new technology, and in

this rapidly changing world

of digital communications we mu

st keep pace. That’s why I’m prou

d to announce the IAM APP, an

exciting and newway to communi

cate that is morecurrent, more us

eful, more videointensive, more

quickly read andmore action-orie

nted.

The new IAM APP is being buil

t around the IAM Journal, our award-winning maga

zine. With

print and postage costs escalatin

g, we have ended the printed ve

rsion of the IAM Journal and will

start publishingmonthly digital

versions in November 2011 using

the IAM APP. Smartphone and

tablet users willbe notified auto

matically through the IAM APP

when new versions of the Journal

are available. The digital Journal

will also be available on www.goiam.org in a format t

hat can be

printed if need be.

As Stewards, youcan play a key ro

le in spreading the word about thi

s exciting new technology.

After November2011, look for th

e “IAM APP” section on the hom

epage of www.goiam.org. There

will be links to the Apple iTunes

Store and Android Market to dow

nload the IAM APP. This is an

exciting new way to get informat

ion about your union, your contra

ct and the issuesthat directly affe

ct

your job and family.

Just as importantas keeping pace

with new technology is our union

’s long-standingcommitment

to excellence inlabor education a

t the William W.Winpisinger Edu

cation and Technology Center. By

now, all local anddistrict lodges sh

ould have received enrollment in

formation and the calendar of clas

ses

for 2012.

We encourage you make use of th

e Leadership programs and other

educational opportunities at

the WinpisingerCenter to prepar

e the next generation of member

s, officers, and IAM activists to lea

d

this great union.For more inform

ation about the 2012 schedule of

classes at the Winpisinger Center

,

go to http://winpisinger.iamaw.org or call 301-373-3300.

As always, thankyou for being an

IAM Shop Steward.

In Solidarity,

R. Thomas Buffenbarger

International President