stewards training

158
Stewards Training Making a Difference in Your Workplace

Upload: colman

Post on 12-Jan-2016

70 views

Category:

Documents


1 download

DESCRIPTION

Stewards Training. Making a Difference in Your Workplace. Welcome Aboard & Introduction. WELCOME! OPCMIA Vision & Goals of the Steward Program. Goals-Objectives-Expectations. Goals Objectives Expectations Course Critique. Goals – Objectives – Expectations. - PowerPoint PPT Presentation

TRANSCRIPT

Page 1: Stewards Training

Stewards Training

Making a Difference in Your Workplace

Page 2: Stewards Training

Welcome Aboard & Introduction

WELCOME!

OPCMIA Vision & Goals of the Steward Program

Page 3: Stewards Training

Goals-Objectives-Expectations

Goals Objectives Expectations Course Critique

Page 4: Stewards Training

Goals – Objectives – Expectations

Better understanding of Steward’s duties and

responsibilities Increase knowledge of our Local’s hierarchy

and their duties Better understanding of our CBA

and Benefit packages

Page 5: Stewards Training

Goals – Objectives – Expectations

Better understanding of the OPCMIA Code of Conduct

Learn about Our Rich History How to handle Grievance/Discipline cases

Page 6: Stewards Training

Goals – Objectives – Expectations

What Strike sanctions/Dual Gates mean to you

It’s not just a Men’s-only club! Traditions & Reputations Apprenticeship Issues

Page 7: Stewards Training

3-Minute Communications Test

Page 8: Stewards Training

Financial Planning

Page 9: Stewards Training

Union Structure

Membership YOU are the ultimate authority and

responsible for the health and survival of our Local.

YOU maintain our Local’s Constitution by your VOTE!

YOU set policy by your VOTE!

Page 10: Stewards Training

Union Structure

How? By electing competent individuals to

office. By maintaining oversight on Local

expenditures. By supporting Local’s goals/objectives. By training apprentices our craft – the

right way. By keeping your own skills/certifications

current By ATTENDING UNION MEETINGS!

Page 11: Stewards Training

Union Structure

Elected Positions Business Manager/Financial

Secretary President Vice President Recording Secretary Sergeant-At-Arms (2) Labor Trustees (2) Local Executive Board (11)

Page 12: Stewards Training

Union Structure

Business Manager/Financial Secretary Duties

Supervise and direct all Business Agents. Keep a correct account of the financial

standing of all members. Receive and account for all money

received or disbursed by the local union. Pay International Working Dues. Submit annual Department of Labor

reports.

Page 13: Stewards Training

Union Structure

Business Agents Duties

Positions are appointed by the Business Manager

Reports to the Business Manager Protects our trade jurisdiction Compels employers to observe and respect the

Collective Bargaining Agreement Adjust all grievances Promotes and foster employment for members Serves as delegates

Page 14: Stewards Training

Union Structure

President Duties

Presides at all meetings of this Local Shall be a delegate for union

business Shall serve as a Labor Trustee Shall serve on the Executive Board

Page 15: Stewards Training

Union Structure

Vice President Duties

Shall in the absence of the President perform all duties pertaining to the office of President and shall be a delegate for union business.

Page 16: Stewards Training

Union Structure

Recording Secretary Duties

Keeps a correct record of each meeting’s proceedings.

Attest with the President all orders on the Financial Secretary and record the same in the local’s book of records together with the minutes of the meeting.

Page 17: Stewards Training

Union Structure

Sergeant-At-Arms Duties

Ensures only Members-In-Good-Standing are permitted to attend meetings.

Maintains order and discipline during monthly Union meetings.

Page 18: Stewards Training

Union Structure

Labor Trustee Fiduciary Duties – Someone who is

entrusted with the management of property with the power to act on behalf of and for the benefit of another.

Duties Act as Fiduciaries in operating and

maintaining a viable Health & Welfare, Pension, and Training Trust Funds.

Page 19: Stewards Training

Union Structure

Executive Board Meet monthly and take whatever action

is necessary to comply with directives of the International Association.

Act as trial committee to hear all disputes, charges and grievances referred to them.

Act as Membership Committee.

Page 20: Stewards Training

Union Structure

Executive Board Act as Rules Committee acting on all

proposed changes/additions to local Constitution, By-Laws and Standing Rules.

Be responsible for monitoring the financial soundness of the Local

Policy reviewers/makers.

Page 21: Stewards Training

Union Structure

Volunteer Committees Election Negotiations Rules Membership Political Action Health & Welfare Coalition Apprentice/Journey Worker Training

Page 22: Stewards Training

Union Structure

Overview How is policy set? Who can attend Local meetings? How do you get on a Board? How do you get on a Committee? Why is it important for members to

attend Board meetings?

Page 23: Stewards Training

CODE OF CONDUCT

Page 24: Stewards Training

Introduction/Purpose Stimulate our members pride in

craftsmanship & customer

satisfaction.

CODE OF CONDUCT

Page 25: Stewards Training

Introduction/Purpose Stimulate our members pride in

craftsmanship & customer

satisfaction. Foster membership pride.

CODE OF CONDUCT

Page 26: Stewards Training

Introduction/Purpose Stimulate our members pride in

craftsmanship & customer

satisfaction. Foster membership pride. Full support of the Local at all levels.

CODE OF CONDUCT

Page 27: Stewards Training

Introduction/Purpose Stimulate our members pride in

craftsmanship & customer

satisfaction. Foster membership pride. Full support of the Local at all levels. Three-strike policy.

CODE OF CONDUCT

Page 28: Stewards Training

Responsibilities under the Code Both Union and Contractor have

responsibilities.

CODE OF CONDUCT

Page 29: Stewards Training

Local Union Responsibilities BM/BA’s shall communicate the

Code and ensure members: Apply knowledge, skills, and experience

diligently on the job Upgrade skills on regular basis Share knowledge of the trade Arrive on-time fit for work

CODE OF CONDUCT

Page 30: Stewards Training

Contractor’s Responsibilities Address ineffective superintendents,

general foremen & foremen Proper job layout to minimize downtime Ensure proper storage of tools Man the job site properly Provide leadership/training skills for

jobsite leaders

CODE OF CONDUCT

Page 31: Stewards Training

Contractor’s Responsibilities Ensure sufficient quantities of tools &

materials on site Take responsibility for mistakes created

by management Eliminate unsafe working conditions Report Code of Conduct violations to

Local

CODE OF CONDUCT

Page 32: Stewards Training

Dispute Resolution Mechanism Both parties have obligations

respecting the resolution of disputes If unable to resolve the problem

pursue remedy under the

collective bargaining agreement

CODE OF CONDUCT

Page 33: Stewards Training

OPCMIA History

Page 34: Stewards Training

OPCMIA History

■ OPCMIA members are the proud carriers of a tradition that predates the Pharaohs pyramids. As early as man was building shelter for himself, there was plastering – first with mud or clay and later with a lime mixture much like that used today.

Page 35: Stewards Training

OPCMIA History

■ As society grew, bridges, canals, dams, reservoirs, roads and many other engineering feats would be impossible without the skills of OPCMIA cement masons. Together with plasterers and other tradesmen, they have played a key role in shaping the world that surrounds us.

Page 36: Stewards Training

OPCMIA History

■ In 1501, England’s Henry VII granted the plasterers a charter to organize a guild with the central purpose of maintaining quality standards for craftsmanship and materials. They could inspect and levy fines for unsatisfactory work.

Page 37: Stewards Training

OPCMIA History

■ The craftsmanship standards of the European artisans were brought to America by immigrant plasterers of the 16th, 17th, and 18th centuries before the United States was founded.

Page 38: Stewards Training

OPCMIA History

■ As their numbers increased in the New World, the plasterers began to organize into groups. These groups were generally organized by nationality. For example, New York had a local union for English plasterers, one for Irish plasterers, and one for Italian plasterers.

Page 39: Stewards Training

OPCMIA History

■ As the 1800’s opened, the main function of American locals was to ensure quality of craftsmanship. Each local sought to guarantee that the plasterers in its jurisdiction were properly trained and standards of the craft were upheld.

Page 40: Stewards Training

OPCMIA History

■ Thanks to the inventions of the steamboat and train, America was becoming more mobile as it moved in a westerly direction. This mobility caused problems in scope and jurisdiction.

Page 41: Stewards Training

OPCMIA History

■ For example, it was common for a plasterer who belonged to one local to accept work in another area. This usually resulted in the worker being required to pay dues to two locals–his home union and the local which had jurisdiction over his temporary workplace.

Page 42: Stewards Training

OPCMIA History

■ Another example, apprentices would run away from their programs before completion and would present themselves to employers or other locals as full-fledged journeymen.

Page 43: Stewards Training

OPCMIA History

■ While there was a great deal of cooperation among locals, all too often such deceits were effective, thereby undermining the quality of the craft and weakening the locals.

Page 44: Stewards Training

OPCMIA History

■ Fire destroyed most records of the union’s early history, it is believed that the problems faced by the locals brought them together just before the Civil War in a group known as the National Plasterer’s Union. Before the group could prove itself, it was overwhelmed by the war.

Page 45: Stewards Training

OPCMIA History

■ In 1864, the organization was revitalized with a purpose to establish a traveling card system, and to institute apprentice training and regulations on a standard basis.

Page 46: Stewards Training

OPCMIA History

■ They also were to acquaint local unions with the names of unworthy members who had to be disciplined or otherwise penalized as well as the names of incompetent applicants for membership.

Page 47: Stewards Training

OPCMIA History

■ In early 1882, the Cincinnati local went on strike for higher wages and achieved its demands. During the 16-week walkout, Cincinnati requested financial aid from other plasterers’ locals. Various local leaders responded generously to the request.

Page 48: Stewards Training

OPCMIA History

■ In the process of uniting behind their brothers in Cincinnati, discussions of reviving their national group led to a meeting in St. Louis in September 1882. This meeting led to the rebirth of the national organization named Operative Plasterers National Union.

Page 49: Stewards Training

OPCMIA History

■ Nearly a year later, the union’s second annual convention led to the concept of the 8-hour workday, and encouraged local unions to do everything in their power to “honorably avoid” unnecessary strikes.

Page 50: Stewards Training

OPCMIA History

■ At the 1887 convention, the constitution was amended to include Canadian affiliation and the name was officially changed to Operative Plasterers’ International Union (OPIU). By 1898, the 8-hour day was established and recognition of the Saturday as half-holiday.

Page 51: Stewards Training

OPCMIA History

■ In 1908 the OPIU affiliated with the American Federation of Labor as part of the newly formed Building Trades Department.

Page 52: Stewards Training

OPCMIA History

■ In 1914, due to the growing numbers of cement workers, our name was officially changed to Operative Plasterers’ and Cement Finishers’ International Association.

Page 53: Stewards Training

OPCMIA History

■ In 1915, an agreement was reached with the United Brotherhood of Cement Workers which allowed Finishers of that union to be admitted to the OPCFIA.

Page 54: Stewards Training

OPCMIA History

■ The Great Depression of the 1930’s dealt a severe blow to all construction trades as unemployment soared. With an ever increasing federal government role in members’ affairs, the union opened a Washington office in the late 1930’s.

Page 55: Stewards Training

OPCMIA History

■ America went to war in 1941 and members of the OPCFIA served their country by completing defense projects well ahead of schedule and by volunteering for often hazardous duty in the Navy’s Construction Battalions or “Seabees.”

Page 56: Stewards Training

OPCMIA History

■ As WW II came to a close, thousands of men returned anxious to get into an industry converting to civilian production. Construction boomed, but in the eyes of experienced craftsmen, too many corners were being cut in the rush to build.

Page 57: Stewards Training

OPCMIA History

■ Responding to the quality issue, the union established the National Foundation for Lathing and Plastering in 1945 to stem the movement toward inferior materials. This Foundation spread the word that plaster is a superior material for which there is no quality substitute.

Page 58: Stewards Training

OPCMIA History

■ As the economy began to build up steam, the demand accelerated of Cement Finishers skills. Highways, bridges, hospitals, and schools were needed. Our Cement Finishers did more than just finish cement.

Page 59: Stewards Training

OPCMIA History

■ Because of the various job tasks Cement Finishers performed, in 1951, the union changed its name to the Operative Plasterers’ and Cement Mason’s International Association.

Page 60: Stewards Training

OPCMIA History

■ In pursuit of excellence, the OPCMIA joined with the Contracting Plasterers’ International Association and the Associated General Contractors to establish the National Apprentice Training Standards.

Page 61: Stewards Training

OPCMIA History

■ In 1960, in order to preserve and expand on programs for its members affected by the federal government rules and regulations, the OPCMIA moved its headquarters from Cleveland to Washington D.C.

Page 62: Stewards Training

OPCMIA History

■ This move allow our International leaders to support reforms such as the Civil Rights Act of 1964, setting the nation down the road to true equality for every citizen regardless of race.

Page 63: Stewards Training

OPCMIA History

■ The union joined with other building trades unions in an effort to increase minority employment through apprenticeship; opening the doors to construction sites across the nation to young blacks and Hispanics.

Page 64: Stewards Training

OPCMIA History

■ Today the OPCMIA continues to play a decisive role and work diligently on behalf of it members. The principles upon which we were founded upon will continue to be its strength in the new millennium.

Page 65: Stewards Training

The Roles of a Steward

Who would you go to if you had a problem at work? The answer should be:

Your Steward!!

Page 66: Stewards Training

The Roles of a Steward

A Leader A Contract Enforcer A Communicator A Representative

Page 67: Stewards Training

The Roles of a Steward

A Leader Understands the diversity of the union’s

membership.

Cultural Racial Gender Sexual orientation Age differences

Page 68: Stewards Training

The Roles of a Steward

A Leader Must have CREDITABILITY (“worthy of

belief or trust”) with: Union members Co-workers Supervisors

Page 69: Stewards Training

The Roles of a Steward

A Leader Must be Able to listen problems,

concerns, and issues of members. Must be Able to motivate members to

take action on work-place concerns and problems.

Must Be honest with members, co-workers and supervisors

Page 70: Stewards Training

The Roles of a Steward

A Leader Must Be reliable. If you don’t know the

answer, say “I don’t know” – then get the information and get back to the person ASAP.

Must Be knowledgeable about the contract, work rules and policies, co-workers in your area, and issues affecting the workers.

Page 71: Stewards Training

The Roles of a Steward

A Leader Must Be supportive to your co-workers

concerns. Must Be committed to the labor movement

and the goals of the OPCMIA.

Page 72: Stewards Training

The Roles of a Steward

A Contract Enforcer The contract we negotiate with our

employers is what separates union workers from non-union workers.

Our contract gives us certain guarantees. Among them are:

Page 73: Stewards Training

The Roles of a Steward

Jurisdictional Scope Strike/Lockouts Language Grievance and Arbitration

Procedures Scheduling of Shifts Wages

Page 74: Stewards Training

The Roles of a Steward

Lunches/Breaks Health & Safety Issues Trust Fund Payments Recognized Holidays Drug Policy

Page 75: Stewards Training

The Roles of a Steward

A Communicator

Page 76: Stewards Training

The Roles of a Steward

What the Steward should know and teach

Workplace Issues & How They Affect Employees

The Contract Work Rules Union Structure Union Meetings Union Direction and Goals

Page 77: Stewards Training

Contract Education

Plasterers – Cement Masons –

Page 78: Stewards Training

Dual Gates –

The Basic Rule The basic rule concerning dual gates is

simple: A union with a lawful dispute with an employer (the “primary employer”) has the right to picket any gate used by the employees or suppliers or representatives of the primary employer; but its picketing of any other gate is an illegal secondary boycott.

Page 79: Stewards Training

Dual Gates

The Critical Elements Under this basic rule, the critical legal

elements to establish dual gates are: The employees, suppliers, and

representatives of the primary employer must use only the gate designated for them (the “primary gate”).

The picketing union must be clearly informed that the primary employers employees, suppliers, and representatives are using only the primary gate.

Page 80: Stewards Training

Dual Gates

The Remedies If those two things are done, the union’s

picketing any gate other than the primary gate will be an illegal secondary boycott.

A federal district court injunction secured through the National Labor Relations Board (NLRB) and the union will be liable for any damages caused to any person by such picketing.

Page 81: Stewards Training

Dual Gates

The Reason for the Rule Although unions have the right to picket

employers with whom they have a lawsuit dispute, they do not have the right to enmesh employees of other separate employers (“Neutrals’) in their dispute. Other contractors and other subcontractors are separate employers even though they are working on the same construction site (their “common situs”).

Page 82: Stewards Training

Dual Gates

The Reason for the Rule When more than one separate employer

works on a common site, the union must confine its picketing (and any other activity) to the primary employer.

Page 83: Stewards Training

Dual Gates

The Practical Rule Experience in the use of dual gates has

taught us that the best practical rule is to confine neutral persons to the neutral gate. It is strongly recommended that the following separate gates be established:

Page 84: Stewards Training

Dual Gates

The Practical Rule Gate A: For the use of employees,

suppliers, representatives, and visitors of all contractors other than the employer(s) being picketed (the “primary employer(s)”).

Gate B: For the use of employers, suppliers, representatives, and visitors of the employers(s) being picketed (primary employer(s)”.

Page 85: Stewards Training

Dual Gates

The Contaminated Gate If any employee or supplier or

representative of the primary (picketed) contractor uses the neutral gate, the gate is “contaminated”. It is no longer neutral. The union can picket there.

However, the neutral gate can be re-established by, again, notifying the union and effectively enforcing the dual gate system.

Page 86: Stewards Training

Dual Gates

Other Points Neutral subcontractors at any tier of a

primary employer (such as sub-contractors) are separate employers and can use the neutral gate if they are neutral.

Page 87: Stewards Training

Dual Gates

Other Points Since suppliers of the primary employer

must use the picketed gate, it is sometimes useful to review the agreements to permit their use of the neutral gate. (Example: If a concrete-placing subcontractor is picketed and his original subcontract included supplying concrete, the general contractor might take back the supply of concrete and which would allow concrete trucks to use the neutral gate without contaminating it.)

Page 88: Stewards Training

Dual Gates

Other Points Any action by any union representative or

other person acting on behalf of the union, which attempts to induce neutral employees not to work, is also an illegal secondary boycott and subject to the same remedies. For example, any of the following is illegal:

Page 89: Stewards Training

Dual Gates

Other Points1. Fining or threatening fines of neutral

employees if they work.

2. Telling them not to work.

3. Telling them “the whole job is picketed”.

4. Telling them “good union members don’t work on jobs that have any pickets on them”.

Page 90: Stewards Training

Dual Gates

Other Points5. Telling them the picket is sanctioned by the

Building Trades Council.6. Pointing out to them a “picket line” clause

in a labor contract that may give them the right to decline to work.

7. Picketing at any primary gate without the picket sign clearly identifying the primary employer.

8. Passing out pamphlets that try to induce neutral employees not to work.

Page 91: Stewards Training

Dual Gates

Other Points A union unlawfully pickets at a neutral gate

if its agents place themselves at the gate even though they carry no picket signs.

A union’s picket at a project must be confined to only those times when employees or representatives of the primary employer are present on the project.

Page 92: Stewards Training

Dual Gates

A good union member is extremely careful when confronted WHERE A PICKET LINE IS ESTABLISHED on the job where he is working.

Page 93: Stewards Training

Dual Gates

1. He LEAVES. He DOES NOT TALK – JUST LEAVES.

2. He READS the PICKET SIGN as he leaves.

3. He DOES NOT hang around near the job.

4. He knows that ONCE A PICKET LINE IS ESTABLISHED, His Business Agents and other union officials are legally gagged and handcuffed from giving advice pertaining to THAT JOB.

5. He does NOT ALLOW HIMSELF to be drawn into conversation with ANYONE at the job site.

Page 94: Stewards Training

Dual Gates

A GOOD UNION MEMBER KNOW HIS RIGHTS

A. He has the right NOT to work behind ANY Picket Line.

B. He has the right to decide for himself whether to walk off a job being picketed.

C. He understands that his trade may be under attack next.

D. He knows that a two gate system means a PICKET LINE and he has the RIGHT NOT TO WORK, no matter how many gates the employer sets up.

Page 95: Stewards Training

Grievance Handling

Objectives What is a grievance? What is a complaint? What if its not a grievance? What about problems between members?

Page 96: Stewards Training

Grievance Handling

Grievance procedure serves five purposes.

Protects workers’ rights on the job. Establishes a mechanism for enforcing the

contract. Provides for orderly and fair settlement of

disputes. Maintains healthful, safe and agreeable working

conditions, and Gives the worker the support of the whole union

when he/she has a dispute with management.

Page 97: Stewards Training

Grievance Handling

Five areas provide grounds for grievances:

The Contract State and Federal Laws Company rules and regulations Well-established (Past) practices Workers’ rights

Page 98: Stewards Training

Grievance Handling

The Contract Any time the employer violates a specific

provision in the contract, their action constitutes a grievance.

Page 99: Stewards Training

Grievance Handling

Federal & State Law Protect workers from discrimination and

unfair treatment on-the-job. Union may handle the grievance either by

contacting the appropriate government agency or by using the grievance process to seek compliance.

Page 100: Stewards Training

Grievance Handling

Company Rules & Regulations Generate grievances in two ways.

First, if management disregards its own rules or applies them unequally, harming one or more workers, there is grounds for a grievance.

Page 101: Stewards Training

Grievance Handling

Company Rules & Regulations

Second, a grievance can arise if a company rule is unreasonable or unreasonably vague. A rule that says “proper dress must be worn at all times” may be unreasonably vague unless the company provides guidelines as to what is “proper.”

Page 102: Stewards Training

Grievance Handling

Well-established (Past) Practices

Can only be changed by mutual consent. Discontinuing or changing a well-established (past) practice without input from the union may result in a grievance.

Page 103: Stewards Training

Grievance Handling

Workers Rights

If an action of management violates basic fair treatment of a worker, that worker may have a grievance even if the contract does not say anything about the subject. Discrimination and workers’ rights cover a broad range of incidents and practices. However, discrimination is very difficult to prove.

Page 104: Stewards Training

Grievance Handling

5-Step Approach1. Identification

2. Investigation

3. Documentation

4. Preparation

5. Presentation

Page 105: Stewards Training

Grievance Handling

Step One – Identification You may learn about an issue from

Your own experiences A co-worker reports it A manager or supervisor announces it New policy or procedure Rumor mill

Page 106: Stewards Training

Grievance Handling

Did management violate any of the following?

1. The Contract

2. A work rule or regulation

3. A policy or procedure

4. Any Federal, State, County or Municipal Law

5. Any health and safety regulation

6. Past practice

Page 107: Stewards Training

Grievance Handling

Questions you might ask What happened? What is the impact? What was violated? Policy? Contract?

Law? Did management’s action constitute unfair

or disparate treatment of an employee or group of employees?

Did management engage in discrimination or harassment?

Did management take disciplinary action against an employee or group of employees?

Page 108: Stewards Training

Grievance Handling

Step Two – Investigation Talk to People! Ask the 5 W’s!

Who was involved?Names of people involved in event

What happened? Description of event

Where did it happen? Location of the event

When did it happen?Date/Time the event occurred

Why is this a grievance?Contract sections being violated

Page 109: Stewards Training

Grievance Handling

Step Two If investigation leads you to believe

there is validity to the grievance – contact a Business Agent ASAP!

Page 110: Stewards Training

Grievance Handling

Business Agents Complete Investigation

Was anything put in writing? Get copies! Were there any witnesses? Interview

them! Why was this done? Ask the source. Take notes, take photos.

Page 111: Stewards Training

Grievance Handling

Step Three – Documentation Business Agents –

Document on OPMCIA Grievance Fact Sheet

Submit Written Information Requests, if necessary

Page 112: Stewards Training

Grievance Handling

Written Information Requests May Include:

Attendance records Management Memos

Correspondence Material Safety Data Sheets

Discipline records Payroll records

Equipment specifications Personnel files

Inspection records Photographs

Job Assignment records Supervisor’s notes

Job Descriptions

Page 113: Stewards Training

Grievance Handling

Step Four – Preparation Business Agents will:

Review all evidence; fill in gaps. Determine the importance and

relevance of each fact and piece of information.

Distinguish between allegations and opinions.

Research the local’s grievance file.

Page 114: Stewards Training

Grievance Handling

Step Four – Preparation Business Agents will:

Discuss the grievance with other Agents/Business Manager.

Write the grievance. Prepare the grievance for the meeting

with management. Anticipate management arguments and

questions; know how to respond.

Page 115: Stewards Training

Grievance Handling

Step Five – Presentation Business Agents will present case to

Management

Page 116: Stewards Training

Grievance Handling

Grievance Procedure Time Limits Business Agents will present case to

Management There are Time limits to file the

grievance at the first step. Time limits for management to hear

the case. Time limits for the union to appeal to

the next step. You must follow the steps in the

contract.

Page 117: Stewards Training

Grievance Handling

Grievance Procedure Time Limits Business Agents will present case to

Management You must use the form provided. You must act quickly. Grievance is denied if late. Each Contract sets time frames.

Page 118: Stewards Training

Grievance Handling

Grievance Procedure Arbitration PRO Grievance is heard by a third

party.

CON Usually a long period of time passes before the case is heard and decided. It is not a quick

process.

Page 119: Stewards Training

Grievance Handling

Grievance Procedure Arbitration PRO Decision is no longer made

by someone in management.

CON Lower steps in the process tend to become a “going-through-

the- motions” formality where little effort is made to resolve the problem

Page 120: Stewards Training

Grievance Handling

Grievance Procedure Arbitration PRO Decision is final and binding

(if this is called for in the contract) and both parties have to adhere to the decision.

CON There are more compromise solutions, which may mean that

justice is compromised.

Page 121: Stewards Training

Grievance Handling

Grievance Procedure Arbitration PRO Decision can establish a

precedent so the union doesn’t have to file grievances repeatedly on the same issue.

CON Arbitrators usually come from a professional background (e.g., college professor), which may

create a bias in management’s favor.

Page 122: Stewards Training

Grievance Handling

Grievance Procedure Arbitration PRO By appealing grievances to arbitration, the union can gain respect from management by showing it will fight hard to defend employee’ rights.

CON It costs money to take a case to arbitration. In addition to other costs, arbitrators charge a fee for their services. In most contracts, the union splits those costs with the employer.

Page 123: Stewards Training

Grievance Handling

Types of Grievances Individual: This is when a

management violation of the contract affects only one employee.

Page 124: Stewards Training

Grievance Handling

Types of Grievances Group: A management violation of

the contract affects more than one person.

Page 125: Stewards Training

Grievance Handling

Types of Grievances Union: When a contract violation

may affect the union as an institution.

Page 126: Stewards Training

Grievance Handling

What to do if it’s a Gripe and not a Grievance

Inform the worker of your conclusion. Provide the employee with the

opportunity to explain why he/she thinks a grievance should be filed.

Attempt to work with the employee and look at ways to resolve the problem.

Work with the employee to develop an action plan to solve the problem.

Page 127: Stewards Training

Disciplinary Cases

Discipline is a formal penalty imposed by management.

It can include (if contract permits): Verbal counseling. Written reprimands Forced transfers Termination

Page 128: Stewards Training

Disciplinary Cases

Management usually cites one of two reasons for taking disciplinary action.

1. It believes the employee is guilty of misconduct – that is, not following legitimate management orders, rules, or policies; or

2. It believes the employee is failing to perform job functions to the standards of the workplace.

General theory of discipline – should not punitive but corrective in nature.

Page 129: Stewards Training

Disciplinary Cases

As a Steward, you must know the procedure for appealing a discipline case.

Usually found in company policies. Management has the burden of proof in

discipline cases.

Page 130: Stewards Training

Disciplinary Cases

Just Cause The basic underlying principle in

discipline cases is that management must have “just cause” for imposing the disciplinary action.

Seven Tests of Just Cause developed by Arbitrator Carroll Daugherty in a 1966 case. Management must be able to answer “yes” to the following seven questions.

Page 131: Stewards Training

Disciplinary Cases

Seven Tests of Just Cause1. Was the employee adequately

warned of the probable consequences of his/her conduct?

2. Was the employer’s rule or order reasonably related to the efficient and safe operation of the job function?

Page 132: Stewards Training

Disciplinary Cases

Seven Tests of Just Cause3. Did management investigate before

administering the discipline?

4. Was management’s investigation fair and objective?

5. Did the investigation produce substantial evidence or proof that the employee was guilty of the offense?

Page 133: Stewards Training

Disciplinary Cases

Seven Tests of Just Cause6. Has the employer applied its rules,

orders, and penalties evenly and without discrimination?

7. Was the amount of discipline reasonably related to the seriousness of the offense and the employee’s past service and record? (Did the “punishment” fit the crime?)

Page 134: Stewards Training

Disciplinary Cases

Seven Tests of Just Cause A “no” answer to one or more of the

questions indicates management’s action was arbitrary, capricious, and/or discriminatory in one or more respects. The union can argue that management did not have just cause to take the disciplinary action.

Page 135: Stewards Training

Disciplinary Cases

Progressive Discipline The intent of progressive discipline is to provide

the employee the opportunity to improve performance or correct unacceptable behavior.

This means that for the first offense in a given subject (Attendance, for example) for subsequent offenses on the same subject the discipline will be progressively more severe (e.g., short suspension, a longer suspension, termination).

Major exceptions might include: Theft, drug/alcohol use, physical violence.

Page 136: Stewards Training

Disciplinary Cases

Obey Now, Grieve Later General rule – Workers are expected to

follow management’s instructions and directives.

If worker believes the instruction to be unfair or a violation of the contract, he/she can file a grievance at a later time.

Arbitrators customarily hold that failure to follow management’s directions can lead to employee charged and disciplined for insubordination.

Page 137: Stewards Training

Disciplinary Cases

Obey Now, Grieve Later Two recognized exceptions to the

“obey now, grieve later” principle. Employees may refuse a supervisor’s order when they believe the following would either:

Page 138: Stewards Training

Disciplinary Cases

Obey Now, Grieve Later1. Result in doing something illegal

2. Put themselves in “imminent danger” of their health and safety.

If management takes disciplinary action after such a refusal, the employee must prove that his/her belief about the unsafe condition was justified.

Page 139: Stewards Training

Disciplinary Cases

Insubordination Insubordination is refusing or failing to

carry out a direct order. To claim that a worker was insubordinate, management must (1) issue a direct order, and (2) make the worker aware of the consequences of not following the order.

Page 140: Stewards Training

Health & Welfare

HMO’s PPO’s

Page 141: Stewards Training

Sexual Harassment –

Sexual Harassment

– You Make The Call

Page 142: Stewards Training

Apprenticeship –

Qualifications Must be 18+ years of age Must have a High School Diploma or

equivalent (GED) Must possess a valid drivers’ license

at time of selection Have a Social Security Card Pass Drug Test

Job Corps Graduates Go To Top of List

Page 143: Stewards Training

Apprenticeship

Testing Process No Experience – Take Written

Examination With Experience – Take Skills Test

Page 144: Stewards Training

Apprenticeship

Written Examination Math Test Mechanical Test Verbal Test Oral Interview

Possible 400 points No Pass/Fail thresholds Final score determines place on

waiting list

Page 145: Stewards Training

Apprenticeship

Skills Testing - Plasterer Layout EIFS Hard Wall Putty Coat Three-Coat Sand Finish and Textured Level V Finish Rock Carving Fireproofing

Page 146: Stewards Training

Apprenticeship

Skills Testing – Cement Mason Obtaining Grade/Layout Rodding Tamping Floating Jointing/Edging Hand and Machine Troweling Chipping/Grinding Patching (Sand, Sack & Patch, Skim) Steps/Curb & Gutter

Page 147: Stewards Training

Apprenticeship

Skills Testing Dependant upon skill level evaluated,

applicant is rated: Journey Worker

Turned over to Business Agents 80% - 70% - 65% - 50% Apprentice

Placed on Waiting List according to Rating and Date of Application

Page 148: Stewards Training

Apprenticeship

Classes For 50% no experience students:

Complete Initial 2-weeks training prior to dispatching

For 65%-70% skilled students: Integrated into existing classes

Return to classes every 3 months for one-week periods until completion of 5000/7200 OJL & 480/640 classroom hours

Page 149: Stewards Training

Apprenticeship

Plasterer Pay Increases From 50% to 65%:

Complete required classes, accumulate 1000 OJL hours

From 65% to 70%: Complete required classes,

accumulate 2500 OJL hours From 70% to 80%:

Complete required classes, accumulate 3500 OJL hours

Page 150: Stewards Training

Apprenticeship

Plasterer Pay Increases From 80% to 90%:

Complete required classes, accumulate 4500 OJL hours

From 90% to Journey Worker: Complete required classes (480

hours), accumulate 5000 OJL hours

Page 151: Stewards Training

Apprenticeship

Cement Mason Pay Increases From 60% to 65%:

Complete required classes, accumulate 900 OJL hours

From 65% to 70%: Complete required classes,

accumulate 1800 OJL hours From 70% to 80%:

Complete required classes, accumulate 3600 OJL hours

Page 152: Stewards Training

Apprenticeship

Cement Mason Pay Increases From 80% to 90%:

Complete required classes, accumulate 5400 OJL hours

From 90% to Journey Worker: Complete required classes (640

hours), accumulate 7200 OJL hours

Page 153: Stewards Training

Apprenticeship

Certification Classes Basic First Aid Adult CPR OSHA 10 & OSHA 30 Scaffold User Scissor/Boom Lift Respirator Fit

Page 154: Stewards Training

Apprenticeship

Challenges Irregular class attendance Late submission of required reports Pigeon-holed into one segment of

trade Ratios not followed by contractors Outgrowing facilities Language

Page 155: Stewards Training

Apprenticeship

On-the-Horizon Teaching credentials for Instructors Facility change Foreman Training Fireproofing Certifications Implementation of OPCMIA

Standardized Curriculum ACI/AWCI Certifications

Page 156: Stewards Training

Survival of the Fittest

Page 157: Stewards Training

Overview of Training

Was this training useful? Did the PowerPoint help or detract

from the training? Since we are trying new ways of

presenting material PLEASE fill out the evaluation forms fully. Let us know what works for you!

And Most of all…..

Page 158: Stewards Training

Overview of Training

Thank you for taking the time to learn more about the union, your rights, and how to protect yourself and your coworkers.