You come together with your coworkers; you nominate and elect union officers; you determine the working conditions and benefits that will be bargained in your contract; and you are part of a larger movement to improve the lives of working men and women in the workplace and in their communities. The more workers join together for the good of all, the more management listens to what they have to say. In union there is strength. Without a union you have only a few rights such as minimum wage, overtime after 40 hours, and unemployment insurance. With a union, you enjoy numerous other benefits guaranteed in a union contract, such as:

• Negotiated wages, health care and retirement plans
• Defined work schedules
• Grievance procedures
• Reasonable workload requirements
• Protection from unfair treatment and favoritism by the boss
• Job security and seniority rights
• A voice on the job to improve working conditions

The 1.3 million-member UFCW is one of the nation’s largest private-sector unions with members working in the retail food, non-food retail, meatpacking, food processing, and manufacturing industries. The UFCW is America’s neighborhood union with more than 800,000 members working in neighborhood supermarkets across the U.S. and Canada. The UFCW has consistently grown through aggressive organizing in the growth sectors of the North American workforce. Key issues to UFCW members are: health care reform, equal opportunity, ergonomics, overtime pay protection and a right to a voice at work.

You are a leader in your union, your workplace, and your community.

As a leader, the UFCW steward:

1. Represents the members
2. Works for union goals
3. Establishes respect of the members
4. Inspires the members
5. Acts as a model of fairness
6. Enforces union work rules or “enforces the contract”
7. Speaks up for members

You are the person in the middle of your co-workers, management, and the union.

Your Functions As A Steward

As a steward in the workplace you build our union. You monitor the bargaining agreement between the union and the employer, you solve problems on the job, you file grievances, you work to ensure safety in the workplace, and you organize and mobilize UFCW members. Before we get into more details about your rights and duties as a steward, let us look at the four basic functions of UFCW steward.

Your Rights And Duties As A Steward

Your legal rights and duties as a union steward are protected by the National Labor Relations Act (NLRA). This is the most important law for U.S. workers. It was enacted by Congress in 1935 and it has had several revisions since that time. The NLRA is administered by the National Labor Relations Board (NLRB). In this guide we will refer to the NLRB simply as the “Board.”

1. It is your right, and your duty, to represent members in the early stages of the grievance procedure. You are obligated to begin and follow through on the grievance procedure.
2. You are entitled to ask for and get any information from the employer that you need to process a grievance. This includes information to help you decide whether or not to file a grievance.
3. When employees ask for you to be at an investigatory interview that may lead to disciplinary action, the Weingarten doctrine is activated:
   1. You have the right to be there.
   2. You have the right to advise the employee.
   3. You have the right to help the employee during the interview with clarification and advice. This is not, however, a negotiation meeting.
   4. A union steward who is the subject of an investigatory interview has the right to have another steward present.
4. You have the right to speak your mind, within certain limits, when you’re acting as union steward.

Your contract MAY give you rights equal to or beyond the legal rights described above. Get acquainted with your contract and find out whether you have:

The right to investigate and handle grievances on paid time.

1. The right to circulate in your department or plant.
2. The right to take time to post notices on the bulletin board.
3. The right to talk with new hires at the time of their orientation.
4. The right to unpaid or paid leave for union business including education for union duties.
5. The right to be notified of bargaining unit member discipline.

This list does not exhaust all the rights which may be in your contract.

http://www.ufcwlocal186d.com/new_page_61.htm

As an SEIU steward, your job involves much, much more than handling grievances. Grievances are important. They are often the most visible and dramatic aspect of the union’s presence. Sometimes they’ll take up most of your time. But grievances should never be confused with your chief responsibility as a steward: to build a united, organized, and involved membership in your workplace. Without this involvement and solidarity, no union in the world can protect and serve its members. As a leader in the workplace, you’ll have your hands full. That’s because SEIU stewards are …

Organizers. This is the big one. It doesn’t just mean signing up new members, although it means that too. It means SEIU stewards are responsible for organizing the whole workplace to deal with problems as a united group. Which is, when you think about it, what labor unions are all about.

Problem solvers. You’re the person workers turn to with their problems. It might be a work-site hazard. Maybe someone’s been fired, or perhaps layoffs are threatened. It might be just a new employee with a question. Perhaps you can solve the problem with a friendly word, or maybe you’ll organize a worksite action or file a grievance. Problems don’t go with your territory. They are your territory.

Educators and communicators. The contract. The health insurance plan. What’s a “ULP”? How can I do this? Why did they do that? It’s a complicated world, and your members are counting on you to help them make sense of it. Equally important, your union officers are counting on you to help them keep in touch with your co-workers. You work with them every day. They don’t.

Worksite leaders. You’re the one who keeps it moving. You’re the one who’s not afraid to speak up to management. You make unity happen, and you never let anyone forget there’s a union at your worksite. (Nobody said this job is easy.)

The sections that follow will explain some of your different jobs in more detail. (Pages with the symbol « provide handy checklists of things stewards need to know, have, and do.)

For now, it’s enough that you understand and accept your wide responsibility in the workplace, and remember that your primary duties are to organize and to solve problems. (You’ll see later how those two duties go hand in hand.)

Things You Need to Have

You’ll need to have a lot of information close at hand, both at work and at home. (Some stewards carry a notebook or a planner back and forth.)

You and your chief steward or union representative should check out your materials to make sure you have everything you need. Here are some possibilities:

• A list of the workers you serve as steward, including name, address, telephone number, email address, job title, and shift schedule.
• A seniority list of your workers (if applicable).
• The contract and any side letters.
• Local union constitution and bylaws.
• Management’s personnel manual, if there is one (or any other employer policies in printed form).
• Civil service rules (if applicable).
• An organization chart of managers and supervisors.
• Organizing materials for new members, including authorization cards, copies of the contract, your union’s Web site and email address, and your union’ s constitution and bylaws.
• Grievance investigation forms.
• COPE (political action) materials.
• You probably know the different occupations in your unit, but if not, you’ll need some job descriptions.

Of course, your local union staff rep and legal counsel will also have other valuable information including:

• Federal and state health and safety regulations.
• Federal and state labor laws and court decisions.
• Records of past investigations, grievances, and arbitrations.
• Lists of references, resources, and other helpful materials available from the International union.
• Links to use on the Web, such as SEIU.org for the latest updates across the country.
• Links to educational resources, such as the SEIU Online Learning Center.

Your Protections as a Steward

When you’re dealing with management on union business, you deal with the employer as an equal.

You can imagine how happy that makes them. That’s why the National Labor Relations Act and state labor boards specifically protect you (and other union leaders) from punishment or discrimination by management because of your union activity. It’s illegal for an employer to:

• Deny you promotions or pay opportunities.
• Isolate you from other workers.
• Saddle you with extra work or unusually tough assignments.
• Deny you overtime opportunities.
• Enforce work rules unfairly against you or harass you with extra supervision.

Your contract may also spell out your rights, and perhaps you’re covered by state and local ordinances if you’re a government worker.

If your employer tries to discriminate against you in this way, it’s a violation of federal law.

Fairness: A Big Responsibility

This is really important.

Labor unions are required by law to represent all workers in the unit fairly and completely. This includes non-members as well as your union members. It’s legally known as the duty of fair representation or DFR.

Of course, you don’t need to be told that you must represent all workers fairly regardless of their race, religion, nationality, age, gender, sexual orientation, or disability.

You may find that you have to represent workers who oppose the union, as well as those who are unpopular, difficult to work with, or who create discord in the union or the workplace.

No matter. Fair is fair. This doesn’t mean the union can’t lose a grievance or make a mistake. It does mean that every action you take must be free from bias or the appearance of bias:

That’s why it’s so important to keep records of your activities as a steward including phone calls, interviews, letters, contacts, and decisions. Without documentation, it’s far more difficult for your union to defend a DFR case if one should occur.

Your Duties as a Steward

No one can list all the different duties you’ll be asked to perform. What follows are some of the more important things SEIU stewards do.

Not all stewards do all things. Some unions elect negotiators and stewards separately. Some ask staff reps to handle the final steps of grievances. You’ll find these things out as you go along.

You don’t have to learn your duties all at once. And you’ll have more experienced stewards and staff reps to help you get started.

• Get to know all the workers in your unit.
• Greet new members and help them get oriented.
• Convince workers to join the union.
• Convince workers to join the union. (This is not a misprint.)
• Sign up retiring members.
• Recruit and lead volunteers.
• Play a leading role in unit meetings. Keep the members informed. Help out with balloting, elections, and reports.
• Get committees going and attend committee meetings, guiding them when need be (and when possible).
• Keep updated phone, addresses and email lists of your members.
• Learn all the problems in the workplace.
• Investigate grievances.
• Interview members.
• Write and file grievances.
• Negotiate with management. This can range from informal talks with supervisors to arbitration hearings, formal contract bargaining, and labor/management committee assignments.
• Maintain files and records. (We know it’s boring, but it’s really important.)
• Keep updated address, phone, and email information on your members.
• Work on contract campaigns.
• Organize rallies, vigils, work actions, petitions, parades, demonstrations, and other activities. Big parades and demonstrations require marshals, and you’ll need to keep them briefed. (Wear comfortable shoes. Trust us on this one.)
• Work on newsletters, leaflets, press releases, picket signs, buttons, stickers, bulletin board displays, whatever.
• Attend steward training classes.
• Work on COPE (Committee On Political Education), legislative, and get-out-the-vote activities where permissible. This may involve fund-raising, lobbying, phone banks, polling place duties, and a lot of other things, especially around election time.
• Do a lot of different things with your union’ s coalition partners in the community.
• Inspect the worksite for health and safety problems. Know where the OSHA 2000 Log is posted. File federal and state OSHA (Occupational Safety and Health Administration) violation reports and accompany inspectors on site visits.
• You don’t have to do this all yourself. Don’t be shy about asking individual members to help you out. It’s one way to get them involved.

Welcoming New Workers

Remember your first day on the job? Not exactly a day at the beach.

That’s why one of your foremost tasks is to welcome new workers. You do this whether your shop is open or union, public or private.

Some local unions have created a welcome packet for this purpose. (If yours has one, good. But don’t use it as a substitute for getting to know the new worker.)

If you don’t have a packet, then you’ll be winging it. (The next few sections contain some capsule info about dues, payments and union membership usually the first things you’ll be asked about–as well as a few SEIU facts to help you out.)

If yours is a union or agency shop (that means new workers must join the union or pay a fee), then the new worker may be hostile to the union. This doesn’t let you off the hook. It just means you’ll have to grit your teeth and put forth an extra effort to be friendly and helpful.

Here’s a checklist of some things you might want to include in your conversation:

• Get to know each other. Ask where they worked before, where they live now, do they have a family? Hobbies? Sports? Start off by listening.
• Offer information: where the vending machines are (and what not to buy), where to go for happy hour, what the boss is like, who runs the football pool, how you get in on ride-sharing.
• Give the new worker a welcome packet if you have one. If not, be sure they receive a copy of the contract and explain its important provisions to them.
• Explain some of the main benefits provided by the union contract, not the benevolence of the employer: wages, health care, holidays, a voice on the job.
• During the conversation, remember that you want the employee to begin identifying with the union. Whenever the worker has a problem, you are the person to see, not the supervisor. The union is the members, the people right there all around you, not some unknown outsiders. If you get these two ideas across, you’ve done your job.
• If your union is doing its job, there’ll be a meeting coming up you’ll want to invite the new worker to. In fact, why not take them with you? They’ll feel more at ease with someone they know. (Remember your first one?)
• Make sure the worker has a wallet card with your name and phone number, and encourage them to call if they have any problems.

http://www.seiu.org/mbe/worksite_leaders/stewards_part1.cfm
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Understand the Union Steward’s Role

Often when working on the job site, members sometimes overlook our Union Steward’s role in the labor-management relationship. Being a Steward is a difficult task and we should appreciate those individuals who chose to help their peers and take on this extra responsibility. The purpose of union stewards is job site union representation. Often, they are the first person sought out when there are problems on the job site.

The typical duties of a Steward are:

1. To insure job site safety
2. Monitor the administration of the contract.
3. Filing grievances (under certain circumstances)
4. Representing workers in investigatory meetings with a company.
5. Working with the employer to solve on-the-job problems.
6. Acting as a conduit to the Local Union office.

Stewards are protected when exercising their duties under the National Labor Relations Act (NLRA). An employer may not retaliate against a Steward because of the way the Steward carries out his or her union duties and the employer must apply the same standards to Stewards as it does toward other employees. If a Steward is harassed or punished by a company for union activities, it is an unfair labor practice and a charge may be filed at the National Labor Relations Board (NLRB) against the employer. Stewards have the legal right to investigate grievances, however nothing requires employers to permit union business during work time unless the contract allows for it or the employer chooses to allow it.

Stewards also have the right to request information from the employer for the purpose of:

1. Monitoring the CBA
2. Investigating and/or preparing a grievance

Stewards should always work in conjunction with their Local Union Business Representative when filing a grievance.

Being a Steward is not a job for everyone. It requires an array of advanced skills such as:

1. Strong interpersonal skills
2. Familiarity with the contract
3. Diplomacy
4. Good judgment
5. Personal integrity

The Steward’s contribution is a vital link in the labormanagement relationship. It is the union’s most public “face”, in dealing with matters affecting both the employer and the rank-and-file.

http://www.cameraguild.com/index.html?news/guild/06_08_25_union_stewards_role.html~top.main_hp

UE Stewards have special rights under the law and the union contract. They provide real protection for members and stewards …but you got to know them before your can use them! As a Steward, you’re elected to protect the rights of UE members and defend the contract. Our style is militant and aggressive. It’s the best defense against bosses who try to undermine hard-won gains. To be effective, it’s important to know the weapons and protections we have as stewards. Most of us know our weapons: the contract, the grievance procedure, the Labor Board, and, most important, shop floor unity and organization. Less well-known, perhaps, are the protections we have under the law.

(The rights described here are protected by the National Labor Relations Act (NLRA). Public sector workers are protected by similar state or federal laws. Check with your UE staff person.)

The Equality Rule

Probably the most important protection is called “The Equality Rule.” This rule acknowledges that your job is likely to involve confrontations with management—confrontations that could lead to discipline under the normal rules of employer-employee relations.

You can openly disagree and argue vigorously with management during grievance meetings; question management’s authority; and, demand certain actions of management, all without risking disciplinary action.

The “Equality Rule” makes you a “legal equal” to the boss. But, it’s in effect only when you are doing your job as a steward, not when you’re acting as an individual employee. You’re acting officially when you investigate and argue grievances, request information and otherwise defend UE members.

There are limits to what you can do, though. Threats of violence and actual violence are prohibited, as are extreme profanity, name calling, and personal attacks. Actions barred by your contract are not protected, either. To prevent supervisors from claiming you “exceeded the limit,” it’s wise to have another steward or UE member with you during meetings with management.

No Reprisals

The boss is not allowed to use discipline, either real or threatened, or any other form of intimidation to discourage you from doing your job. For example, you can’t be denied overtime opportunities, promotions, job transfers, bumping rights, or any other entitlement as punishment for doing an aggressive job. Nor can management assign you to the most undesirable jobs or more closely supervise you than other workers.

Equal Standards

Some supervisors try to hold stewards to higher standards than others. “You, of all people, should know the rules,” is often a statement heard when some rule has been broken. This is illegal, too. You’re not a “super-worker” and you can’t be singled out for unusual discipline to “set an example” or because you should “know better.” The only exception: not carrying out responsibilities required of the union under the contract.

What to Do

If the boss breaks these rules, there is most likely a contract grievance—and, an Unfair Labor Practice (ULP) charge can be filed with the Labor Board (NLRB). The time limit for filing a ULP charge is within six months of the violation. Contact your UE staff member before filing an Unfair Labor Practice charge with the Labor Board.

Workplace Organization

As in the case of most other grievances, a workplace strategy for solving the problem is often much more effective than dealing with the NLRB—especially because the Board is often frustratingly slow to respond. But, if you feel that a ULP charge should be filed, talk with your UE Field Organizer and local officers about the best way to proceed.

http://www.ueunion.org/stwd_str.html

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Legal Rights of Union Stewards (Delegates)

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In addition to the contractual rights found in our Industry Wide Agreement, there also exist legal rights that protect Stewards. The origins of these rights are found in law (especially the National Labor Relations Act) and in decisions of the Supreme Court and the National Labor Relations Board (NLRB).

These legal rights include, but are not limited to, a general principle of equal status with management when functioning as Steward; a right to solicit grievances; and a right to active participation in a Weingarten setting.

• The general principle of equal status with management. By its very nature, a Steward’s job requires vigorous advocacy, even confrontation. Confrontation, however, conflicts with the usual rules of employee conduct, which stress obedience to supervisors. (Virtually all arbitrators subscribe to the “obey now – grieve later” rule as it applies to employees.) If Stewards had to live by these rules, they would be in a hopeless situation. They would be faced with a choice of not being an effective advocate, or risk being disciplined. A recent example involved a supervisor who ordered a Steward not to investigate a possible grievance off the clock, while at the same time, refused to allow time on the clock.

The NLRB and the courts have recognized this problem and have created a special legal status for Stewards when they engage in union business – they are considered to be equals with management. This means that conduct which might otherwise result in discipline must be tolerated.

As the NLRB has stated: The relationship at a grievance meeting is not a “master-servant” relationship but a relationship between company advocates on the one side and union advocates on the other side, engaged as equal opposing parties in litigation.

In a similar vein, the US Supreme Court has said the National Labor Relations Act contemplates robust debate and gives a union license to use intemperate, abusive, or insulting language without fear of restraint or penalty if it believes such rhetoric to be an effective means to make its point.

There are two important limits to the equality principle. First, conduct by a Steward which the NLRB considers outrageous or indefensible is not protected. Second, the equality principle only applies when the Steward is acting in an official capacity.

Outrageous or indefensible conduct includes extreme unprovoked profanity, racial slurs, physical threats, or striking a supervisor.

The equality principle only applies when the Steward is acting in a role as Steward, i.e., presenting a grievance or requesting information. The principle does not apply when the Steward is not acting in the capacity of Steward.

Arbitrator Levak, in APWU case W8C-5D 20644, analyzed some general principles relating to Stewards in a protected status, by doing an exhaustive review of prior arbitration decisions on the subject. He identified three categories of Steward activity: 1) where a Steward is personally abusive to a supervisor; 2) where a Steward disrupts production; and 3) where a Steward threatens or assaults a supervisor.

1) Personal abusiveness. During a closed grievance meeting to discuss Union matters a Steward possesses a special status. The parties meet as equals and a Steward has wide latitude in what he does and says.

However, when a grievance meeting or discussion is not closed, but is observable by other employees – whether in a grievance meeting or on the workroom floor – a Steward has less immunity and must not become personally abusive.

2) Disruption of production, A Steward loses immunity status when engaging in conduct that interferes with management’s right or ability to operate. Thus, a Steward is not prohibited from interrupting his own work to talk to a supervisor about a Union related matter. However, such a Steward is in a work duty status; therefore, he must conduct himself in a non-disruptive, professional manner at all times.

Furthermore, since he is in a work duty status, he must return to work if instructed to do so by his supervisor. If he believes the supervisor is violating the contract, or has no authority to order him to return to work, `obey now – grieve later’ is the rule.

3) Threats or assaults. Threats of harm, or assaults, or attempted assaults are never protected. A Steward who engages in such activity loses all privileged status, and is subject to immediate discipline.

• The right to solicit grievances. There is a common belief among managers that union Stewards may not solicit grievances, that they may file grievances only if employees complain and ask them to file. This notion is false. The NLRB has specifically ruled, The solicitation of grievances is a protected activity for stewards as well as other employees.

• The right to active participation in a Weingarten setting. The Supreme Court held, in a case known as Weingarten, that an employee who is being questioned by management, and who has a reasonable belief that discipline may ensue, has a right to representation prior to answering questions. The right must be invoked by the employee. A Steward has no right to invoke it for the employee. In other words, the employee must request a Steward.

However, once an employee invokes Weingarten, and a Steward is brought in, the Steward has a right to assist and counsel the employee.

Management sometimes asserts that the Steward may only be a silent witness. This is wrong. The Steward has the following rights:

When the Steward arrives, the supervisor must inform the Steward of the subject matter of the interview.

The Steward must be allowed to take the employee aside for a private pre-interview conference.

The Steward must be allowed to speak during the interview.

The Steward has the right to request that the supervisor clarify a question so that the employee understands what is being asked.

After a question is asked, the Steward can give advice on how to answer.

When the questioning ends, the Steward can provide additional information to the supervisor.

It should be noted that, if the Weingarten rules are complied with, Stewards do not have the right to tell workers not to answer questions.

Stewards will be most effective if they are knowledgeable about their legal rights as well as their contractual rights. When management violates the legal rights of Stewards, the judicious use of charges against the employer with the NLRB can be effective in educating management about their legal responsibilities.

This article was based in large part on a small book titled The Legal Rights of Union Stewards written by a labor attorney and educator named Robert Schwartz.

http://www.heardny.org/delegate%20rights.htm

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A good steward is many things – an organizer, a negotiator, a counsellor, a peacemaker and a troublemaker. But there are certain things that a steward must avoid at all costs. Here are the ten biggest mistakes: Mistake one – Fail to represent fairly:
Not only does this leave the union open to being sued for breaching its duty to provide fair representation, it’s just not the right thing to do. It undermines the whole purpose of the union and the very idea of solidarity.

Mistake two – Make backroom deals
Management is notorious for trying to get stewards to trade grievances. “I’ll let you have this case if you drop the one we talked about yesterday.” Every member deserves a fair shake and every grievance needs to be evaluated on its own merit. Never agree to anything you would be uncomfortable telling your entire membership about.

Mistake three – Promise remedies too quickly
You’re hurting both the member and your credibility if you pass judgement on a grievance prior to a thorough investigation. Only after you have spoken to the grievor and witnesses and consulted the contract, the employer’s rules and past practices are you in a position to make that determination. Given the frequency of poor and mixed arbitration decisions, no steward should ever promise victory.

Mistake four – Fail to speak with new workers
The most important way a union gains the support of a new member or a potential new member is by one-on-one contact with the steward. You not only want to provide new workers with information, but need to build a personal relationship and begin to get them involved in union activities from their first day on the job.

Mistake five – Fail to adhere to time lines
Even the strongest, iron-clad case can be lost if the time line specified in your contract isn’t followed. Even if management agrees to an extension, it is not in the union’s interest to let problems fester and grow. If you do get a formal extension of time limits, be sure to get it in writing.

Mistake six – Let grievance go unfiled
Every grievance that goes unfiled undermines the contract you struggled so hard to win. While most members see changes and problems only in terms of the impact on them, the steward needs to be able to understand a grievance’s impact on the contract and the union as a whole.

Mistake seven – Meet with management alone
When you meet with management alone, suspicions may arise as to what kinds of deals you’re making. It also allows management to lie or change its story. More importantly, when the steward meets with management alone, it takes away an opportunity for members to participate in the union and to understand that it’s really their organization.

Mistake eight – Fail to get settlements in writing
Just as you should protect yourself by not meeting alone with management, be sure to get grievance settlements in writing. Putting the settlement in writing helps clarify the issues and keeps management from backing down on their deal.

Mistake nine – Fail to publicize victories
Publicizing each and every victory is an important way to build your local union. This publicity not only has a chilling effect on the employer, but helps educate your own members on their contractual rights. It also gives you something to celebrate and builds the courage needed to carry on.

Mistake ten – Fail to organize
Stewards are much more than grievance handlers. They are the key people in the local who mobilize the membership, and they must be talkin’ union and fightin’ union all the time. Each and every grievance and incident must be looked at in terms of how it can increase participation, build the union, and create new leaders.

[A Union Steward's Ten Biggest Mistakes
by Tom Juravich and Kate Bronfenbrenner]