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INTERNATIONAL FEDERATION OF PROFESSIONAL AND INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL STEWARD/TRUSTEE TRAINING TECHNICAL STEWARD/TRUSTEE.

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Presentation on theme: "INTERNATIONAL FEDERATION OF PROFESSIONAL AND INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL STEWARD/TRUSTEE TRAINING TECHNICAL STEWARD/TRUSTEE."— Presentation transcript:

1 INTERNATIONAL FEDERATION OF PROFESSIONAL AND INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL STEWARD/TRUSTEE TRAINING TECHNICAL STEWARD/TRUSTEE TRAINING presented by presented by FEDERAL MEDIATION AND CONCILIATION SERVICE COMMISSIONERS: TIMOTHY GERMANY DAVID THALER DAVID THALER

2 CIVIL SERVICE REFORM ACT OF FULLFILLED A CAMPAIGN PROMISE OF President Carter 2.Abolished the then Civil Service Commission. 3.Act seeks greater accountability from federal workers. 4.Gave greater discretion to managers regarding work performances and overall agency accountability. 5.Act gave greater protection to employees from abuses by federal managers.

3 Civil Service Reform Act of 1978 Created: Created: Merit System Protection Board Merit System Protection Board Federal Labor Relations Authority Federal Labor Relations Authority Office of Management and Budget Office of Management and Budget

4 FEDERAL LABOR RELATIONS AUTHORITY Resolves unfair labor disputes. Resolves unfair labor disputes. Determines appropriateness of bargaining Determines appropriateness of bargaining units. units. Adjudicates issues related to the duty to Adjudicates issues related to the duty to bargain and impasse issues. bargain and impasse issues. Adjudicates exceptions to arbitration awards. Adjudicates exceptions to arbitration awards.

5 Merit Systems Protection Board Independent, bipartisan, board. Independent, bipartisan, board. Sets personnel rules under which federal Sets personnel rules under which federal employees work without abuse from managers and partisan political pressure employees work without abuse from managers and partisan political pressure Adjudicates appeals of personnel action. Adjudicates appeals of personnel action. Studies various federal merit systems. Studies various federal merit systems.

6 EXPECTATIONS OF IFPTE TRUSTEES EXPECTATIONS OF IFPTE TRUSTEES EXPECTATIONS OF STEWARDS EXPECTATIONS OF STEWARDS

7 Legal Rights of Stewards and Union Officials

8 The Equality Rule WHEN STEWARDS ARE ENGAGED IN REPRSENTATIONAL ACTIVITIES THEY ARE CONSIDERED THE EQUALS WITH MANAGEMENT.

9 The No Reprisal Rule An employer may not retaliate against a An employer may not retaliate against a steward because of the way the steward steward because of the way the steward carries out his/her duties. carries out his/her duties.

10 ROLE AND DUTIES OF A STEWARD and other Union Officials TRUE OR FALSE?

11 An employer may not retaliate against a An employer may not retaliate against a steward because of the way the steward steward because of the way the steward carries out his/her duties. carries out his/her duties.

12 A supervisor commits an unfair labor practice if they verbally attack the shop steward and calls submitted grievances “nit picking” and a “waste of time”.

13 An employer may not retaliate against a steward because he curses at supervisor during a grievance meeting.

14 An employer violates the NLRA if in retaliation the employer deprives a steward of overtime or other benefits.

15 Employer can and should expect better work and attendance from shop stewards.

16 When a clause in the collective When a clause in the collective bargaining agreement imposes a bargaining agreement imposes a higher duties on union representatives higher duties on union representatives a steward may be disciplined to a greater a steward may be disciplined to a greater degree than a rank-and-filer. degree than a rank-and-filer.

17 Which of the following is NOT allowed during the steward’s presentation at a grievance: * shouting * shaking finger at supervisor * cursing * telling grievant to not answer a supervisor’s question

18 Weingarten Rights Weingarten Rights refer to an employee’s Weingarten Rights refer to an employee’s right to Union representation during any right to Union representation during any any employer interview which that any employer interview which that employee feels might lead to a disciplinary action. employee feels might lead to a disciplinary action. The Weingarten Rights result from Supreme Court Case. National Labor Relations Board vs. J. Weingarten, Inc. 1975

19 WEINGARTEN—TRUE OR FALSE?

20 During Weingarten interviews, the Union official is the legal equal of the management representative.

21 When questioning ends, Union representatives can provide additional information to the employer representative.

22 Employees can walk out on such meetings if the employer insists that the questions be answered without a Union representative being present.

23 After a question is answered, the Union representative can advise the employee on how to answer the question.

24 An employer does not have to wait for or allow the presence of a Union representative at an investigatory interview if disciplinary action has already been decided.

25 The employee is allowed to talk to the Union representative in private.

26 An employee is entitled to have a Union representative present at any investigatory interview by the employer which the employee reasonably believes might result in a disciplinary action.

27 The employee is entitled to get information from the employer about the subject of the meeting and the topics to be discussed.

28 Management is under no obligation to inform the employee of Weingarten rules before starting an investigatory interview.

29 The interview must be delayed if the requested Union representative is not available.

30 Union officials can advise an employee not to answer a question.

31 After the employee makes a request for a union representative The employer must: 1)Grant the request and delay the questioning until representative arrives. 2)Deny the request and end the interview immediately 3)Offer employee a choice of having the interview without representation of any kind or of having no interview at all.

32 If the employer denies the request for If the employer denies the request for union representation and continues to union representation and continues to ask questions, the employee can refuse ask questions, the employee can refuse to answer the question. to answer the question.

33 Stewards have no right to tell employees Stewards have no right to tell employees not to answer questions during a not to answer questions during a Weingarten meeting. Weingarten meeting.

34 The Steward does not have the right The Steward does not have the right to bargain over the purpose or topic to bargain over the purpose or topic of the interview. of the interview.

35 After a question is asked, the steward can After a question is asked, the steward can give advice to the employee on how to give advice to the employee on how to answer. answer.

36 THREE CONDITIONS DETERMINE WHAT HAPPENS IN MEETINGS CONTAINER CONTAINER DIFFERENCES DIFFERENCES EXCHANGES EXCHANGES

37 CONTAINERS CONTAINERS Set the boundaries and degrees of constraint in Set the boundaries and degrees of constraint in which the system operates, they hold the which the system operates, they hold the system together. system together. Containers can be physical, Containers can be physical, psychological psychological organizational, organizational, behavioral behavioral situational situational charismatic charismatic

38 DIFFERENCES DIFFERENCES Differences provide the potential for interaction and change within a system. Differences provide the potential for interaction and change within a system. Differences disclose what is important to the agents. Differences disclose what is important to the agents. Examples: power Examples: power gender gender race race education education budgets budgets affiliation affiliation elephant in the room elephant in the room

39 TRANSFORMING EXCHANGES Forms of connections between agents: Face to face meetings Memos, Letters, Notes Phone calls

40 Steward Representational Activities Investigating a complaint Requesting information Presenting a grievance Negotiating a collective bargaining agreement

41 Which of the following is NOT allowed during the steward’s presentation at a grievance: * shouting * shaking finger at supervisor * cursing * telling grievant to not answer a supervisor’s question

42 WHEN STEWARDS ARE ENGAGED IN REPRSENTATIONAL ACTIVITIES THEY ARE CONSIDERED THE EQUALS WITH MANAGEMENT

43 A supervisor commits an unfair labor practice if they verbally attack the shop steward and calls submitted grievances “nit picking” and a “waste of time”

44 An employer may not retaliate against a An employer may not retaliate against a steward because of the way the steward steward because of the way the steward carries out his/her duties. carries out his/her duties.

45 An employer does not commit an unfair labor labor practice by holding steward to a higher standard than other employees.

46 An employer may not retaliate against a steward because he curses at supervisor during a grievance meeting

47 An employer violates the NLRA if in retaliation the employer deprives a steward of overtime or other benefits

48 Employer can and should expect better work and attendance from shop stewards.

49 Conflict Paradoxes How far apart are people when they are How far apart are people when they are in conflict: in conflict: Infinite distance Infinite distance No Distance No Distance

50 Conflict Paradoxes Where are conflicts located: Where are conflicts located: Between the parties Between the parties Within the parties Within the parties

51 Conflict Paradoxes All conflicts have two truths: All conflicts have two truths: a) the truth of impasse a) the truth of impasse b) the truth of transformation b) the truth of transformation

52 Conflict Paradoxes It strokes and crushes our egos It strokes and crushes our egos It fuels and exhausts our will It fuels and exhausts our will It energizes and freezes our fear It energizes and freezes our fear It speaks to ancient part of self that It speaks to ancient part of self that thirst for power and delights in revenge thirst for power and delights in revenge

53 Five Parties to Organization Conflict A. Two people A. Two people B. Groups who support those people B. Groups who support those people C. Everyone else who says nothing C. Everyone else who says nothing D. What is the message this D. What is the message this organization sends about conflict? organization sends about conflict?

54 Issues e Unresolved Issues from the past Self-Perceptions and Self -Esteem Interests, Needs, and Desires Personalities Emotions Hidden Expectations Iceberg of Conflict

55 How do conflicts get resolved? Solve -- implies win and loose Resolve -- meets minimal needs Absolve -- wait it out, benign neglect Dissolve -- change embedded nature and environment and environment

56 What is a Grievance? A grievance is a disagreement or complaint involving a dispute, difference of opinion or interpretation between the employer and the union. Two kinds of grievances: Discipline and all others. What does this mean?

57 DISCIPLINE GRIEVANCES Employer initiated. Employer initiated. Employer has burden Employer has burden proof. proof. Employer must meet Employer must meet “just cause” standard- “just cause” standard- employer’s discipline employer’s discipline was grounded in was grounded in known information and known information and equally applied equally applied Steward determines: facts of the case if progressive discipline was used if disparate treatment occurred. weighs years of service and past record. determine if similar discipline has occurred in the past.

58 ALL OTHER GRIEVANCES Union or employee Union or employee initiated. initiated. Union has burden Union has burden of proof. of proof. Steward must prove: Contract violation Violation of state or federal laws. Violation of agency rules, policies. Unequal treatment Violation of past practice

59 PURPOSE OF A GRIEVANCE PROCEDURE FIND FACTS FIND FACTS PEACEFUL DISPUTE RESOLUTION PEACEFUL DISPUTE RESOLUTION FORUM TO ADMINISTER THE CONTRACT FORUM TO ADMINISTER THE CONTRACT OPPORTUNITY FOR EMPLOYEES TO VOICE CONCERNS OPPORTUNITY FOR EMPLOYEES TO VOICE CONCERNS IMPROVE EFFICIENCY OF ORGANIZATION IMPROVE EFFICIENCY OF ORGANIZATION IMPROVE LABOR-MANAGEMENT RELATIONS IMPROVE LABOR-MANAGEMENT RELATIONS LOCATE PROBLEMS IN OPERATION OR CONTRACT LOCATE PROBLEMS IN OPERATION OR CONTRACT

60 INVESTIGATING A GRIEVANCE The six W’s 1.Who is involved? 2. What happened? 3. When did the situation occur? 4. Where did the situation occur? 5. Why is this a valid grievance 6. What remedy is sought

61 Is Steward Prepared to Process Grievance? Are all the facts known and verified? Are all the facts known and verified? Is more information needed? Is more information needed? Have contract, labor laws, policies been Have contract, labor laws, policies been carefully checked? carefully checked? Is record clear regarding the 6 W’s? Is record clear regarding the 6 W’s? Is grievant clear of total process? Is grievant clear of total process?

62 MONTANA’S TOOTH GRIEVANCE MONTANA’S TOOTH GRIEVANCE EXERCISE EXERCISE

63 POINTS ON WRITING A FORMAL GRIEVANCE Limit details to basic information: Limit details to basic information: a. Protest (Statement of Grievance) a. Protest (Statement of Grievance) b. Charge (State what has been b. Charge (State what has been violated) violated) c. What is the remedy (What the union c. What is the remedy (What the union wants.) wants.)

64 Points of Writing a Formal Grievance Omit arguments, evidence and justification on initial grievance-keep it simple Omit arguments, evidence and justification on initial grievance-keep it simple Cite specific violation but also consider adding: “and all other relevant articles” Cite specific violation but also consider adding: “and all other relevant articles” Write in third person: “It is the Union’s Write in third person: “It is the Union’s position….” position….” Don’t limit the remedy: “The Union request that __be made whole in every way—including (specifics) Don’t limit the remedy: “The Union request that __be made whole in every way—including (specifics)

65 DISCIPLINEDISCIPLINE Discipline refers to any management action designed to correct employee behavior. Discipline refers to any management action designed to correct employee behavior. It may range from oral warnings or reprimands to employee suspensions or termination. The specific form and conditions under which discipline may be taken may be defined within the labor agreement, company rules or policies, or embodied within the past practices of the employer or the industry. It may range from oral warnings or reprimands to employee suspensions or termination. The specific form and conditions under which discipline may be taken may be defined within the labor agreement, company rules or policies, or embodied within the past practices of the employer or the industry.

66 Purpose of Discipline The purpose of discipline is to insure that the employer can maintain an efficient, productive and orderly work environment. The purpose of discipline is to insure that the employer can maintain an efficient, productive and orderly work environment. Discipline should be used to correct Improper behavior, not as a means of vindictive punishment. Discipline should be used to correct Improper behavior, not as a means of vindictive punishment.

67 Progressive Discipline the least amount of discipline required to achieve acceptable conduct Is the proper amount of discipline. the least amount of discipline required to achieve acceptable conduct Is the proper amount of discipline. Discipline assumes its progressive nature where it is made clear that if an employee continues to engage in unacceptable conduct, the level of discipline will be increased. Discipline need not be progressive in all instances, however. Striking a supervisor, theft, willful destruction of company property, extreme negligence, or actions which Intentionally endanger or harm other employees, are all acts for which termination may be a proper sanction for a first offense. Discipline assumes its progressive nature where it is made clear that if an employee continues to engage in unacceptable conduct, the level of discipline will be increased. Discipline need not be progressive in all instances, however. Striking a supervisor, theft, willful destruction of company property, extreme negligence, or actions which Intentionally endanger or harm other employees, are all acts for which termination may be a proper sanction for a first offense.

68 A Check List of “just cause” Standards of Discipline Investigation Investigation Prior Notice Prior Notice Consistent Enforcement Consistent Enforcement Timeliness Timeliness Non-Discrimination Non-Discrimination Progressive Discipline Progressive Discipline Gravity and Intent Mitigating Circumstances Sustainable Penalty The labor agreement Company or agency rule or policy Past practice Prior arbitration awards Law or government regulations

69 PAST PRACTICE ELEMENTS CONTRACT IS SILENT - A PRACTICE WILL BE MORE BINDING IF THE CONTRACT IS SILENT AND BOTH UNION AND MANAGEMENT HAVE BEEN USING OR ABIDING BY THE PRACTICE. CONTRACT IS SILENT - A PRACTICE WILL BE MORE BINDING IF THE CONTRACT IS SILENT AND BOTH UNION AND MANAGEMENT HAVE BEEN USING OR ABIDING BY THE PRACTICE. WORKING CONDITION VS GRATUITY - IF A LONG STANDING PRACTICE INVOLVES A WORKING CONDITION AS OPPOSED TO A GRATUITY, ARBITRATORS WILL HAVE A GREATER PROPENSITY TO UPHOLD THE PRACTICE. WORKING CONDITION VS GRATUITY - IF A LONG STANDING PRACTICE INVOLVES A WORKING CONDITION AS OPPOSED TO A GRATUITY, ARBITRATORS WILL HAVE A GREATER PROPENSITY TO UPHOLD THE PRACTICE.

70 PAST PRACTICE ELEMENTS MUTUALITY - BOTH PARTIES MUST KNOW ABOUT THE PRACTICE. MUTUALITY - BOTH PARTIES MUST KNOW ABOUT THE PRACTICE. CONSISTENCY - HAS THE PRACTICE BEEN FOLLOWED CONSISTENTLY WHEN THE SITUATION AROSE? CONSISTENCY - HAS THE PRACTICE BEEN FOLLOWED CONSISTENTLY WHEN THE SITUATION AROSE? BRIDGE EFFECT - HAS THE PRACTICE BEEN CONTINUED OVER TWO OR MORE CONTRACTS? IF SO, THERE IS STRONGER REASON FOR FINDING THE PRACTICE BINDING SINCE IT "BRIDGED" A NUMBER OF CONTRACTS. BRIDGE EFFECT - HAS THE PRACTICE BEEN CONTINUED OVER TWO OR MORE CONTRACTS? IF SO, THERE IS STRONGER REASON FOR FINDING THE PRACTICE BINDING SINCE IT "BRIDGED" A NUMBER OF CONTRACTS.

71 INSUBORDINATIONINSUBORDINATION Defined as an employee's willful Intent to disobey a direct and proper order, it challenges management's basic ability to manage the workplace. As a result, most, arbitrators will up hold termination as a proper penalty if the charge of such serious misconduct is sustained by the evidence. Defined as an employee's willful Intent to disobey a direct and proper order, it challenges management's basic ability to manage the workplace. As a result, most, arbitrators will up hold termination as a proper penalty if the charge of such serious misconduct is sustained by the evidence. ORDERS SHOULD BE OBEYED NOW AND GRIEVED LATER. ORDERS SHOULD BE OBEYED NOW AND GRIEVED LATER.

72 ELEMENTS OF INSUBORDINATION Was the Grievant actually given a DIRECT ORDER (or merely instructions, Suggestions, or advice)? Was the Grievant actually given a DIRECT ORDER (or merely instructions, Suggestions, or advice)? Was the Grievant AWARE that he/she was given a direct order? Was the Grievant AWARE that he/she was given a direct order? If so, was the order CLEAR If so, was the order CLEAR Was the Grievant's alleged failure to comply INTENTIONAL Was the Grievant's alleged failure to comply INTENTIONAL Was the Grievant given adequate FOREWARNING of the possible consequences of his/her alleged refusal to carry out the order? Was the Grievant given adequate FOREWARNING of the possible consequences of his/her alleged refusal to carry out the order?

73 ELEMENTS OF INSUBORDINATION Was the order reasonable and necessary to the SAFE. ORDERLY. and EFFICIENT operation of the organization? Was the order reasonable and necessary to the SAFE. ORDERLY. and EFFICIENT operation of the organization? a. Did it violate: a. Did it violate: - The Agreement? ("CONTRACT") - The Agreement? ("CONTRACT") - Company or Agency Policy - Company or Agency Policy - Directive, Rule or Regulation - Directive, Rule or Regulation - A Past Practice? - A Past Practice? - An Applicable and Relevant Arbitration Award? - An Applicable and Relevant Arbitration Award? - An Applicable Law? - An Applicable Law? b. Did it countermand existing orders given the Grievant? b. Did it countermand existing orders given the Grievant?

74 ELEMENTS OF INSUBORDINATION Did the order threaten to cause undue hardship or irreparable harm? Did the order threaten to cause undue hardship or irreparable harm? Did the order threaten to endanger the health or safety of the Grievant or others? Did the order threaten to endanger the health or safety of the Grievant or others? Would the order force the Grievant to violate a law? Would the order force the Grievant to violate a law? Was the order arbitrary? capricious? unjust? unfair? inequitable? unreasonable? Was the order arbitrary? capricious? unjust? unfair? inequitable? unreasonable? Did the order otherwise adversely affect the welfare of the Grievant or the Union Did the order otherwise adversely affect the welfare of the Grievant or the Union

75 THE SEVEN TESTS OF JUST CAUSE Notice - "forewarning of the possible consequences Notice - "forewarning of the possible consequences Reasonable Rule or Order Reasonable Rule or Order Proper Investigation Proper Investigation Fair Investigation Fair Investigation Adequate Proof Adequate Proof Equal Treatment Equal Treatment Appropriate Penalty Appropriate Penalty

76 Dealing With Difficult MEETINGS Step 1 Go to the balcony-control own behavior Go to the balcony-control own behavior View person and topic from a distance. View person and topic from a distance. Recognize and control hot buttons. Recognize and control hot buttons. Keep you goals and interest in mind. Keep you goals and interest in mind.

77 DEALING WITH DIFFICULT MEETINGS STEP 2 Create a favorable climate for resolution. Create a favorable climate for resolution. Listen Actively. Listen Actively. Paraphrase a lot. Paraphrase a lot. Use their words and language. Use their words and language. Use “I Statements” Use “I Statements” Offer apology where appropriate. Offer apology where appropriate.

78 Dealing With Difficult Meetings Step 3 Direct others comments toward resolving the issue: Direct others comments toward resolving the issue: Restate attacks, stubborn comments. Restate attacks, stubborn comments. Ask problem solving questions-why? Why Ask problem solving questions-why? Why not? what if? not? what if? Help other side clarify their interests. Help other side clarify their interests. If stalemate occurs suggest future meeting. If stalemate occurs suggest future meeting.

79 Dealing With Difficult Meetings Step 4 Overcome their resistance to resolve issue: Overcome their resistance to resolve issue: Involve other side in developing solutions. Involve other side in developing solutions. Implement small changes. Implement small changes. Help other to save face. Help other to save face. Uncover any unmet needs. Uncover any unmet needs.

80 Dealing With Difficult Meetings Step 5 Bring them to their senses not to their knees: Bring them to their senses not to their knees: Educate other side on the cost of not agreeing. Educate other side on the cost of not agreeing. Pose reality testing questions. Pose reality testing questions. Leave most attractive alternative on the table. Leave most attractive alternative on the table. Warn rather than threaten Warn rather than threaten

81 Family Medical Leave Act A firm in the private sector is covered by the FMLA if it has at least 50 employees

82 An employee can take up to 13 work weeks of job protected FMLA leave

83 FMLA leave may be taken for the following reasons: For serious health condition To care for seriously ill child, spouse, or parent The childbirth or care of child up to one year Placement of a child with you for foster care or adoption.

84 FMLA leave can be taken on a continuous basis but must be at least one whole day.

85 The employer can grant you a reduced work schedule because of your health condition but is not obligated to do so if others members get sick.

86 Employee must provide a 30 day advanced notice if the leave is foreseeable. Employee must notify employer within two days of the intended leave if the FMLA leave is unexpected

87 Employer violates FMLA if they: 1)Uses coercion, threats or intimidation to discourage member from taking FMLA leave 2)Orders you to light duty during FMLA leave.

88 Which of these is illnesses is not covered under the FMLA? Epilepsy Asthma Hay Fever Migraine Headache Diabetes Gum Disease

89 You must have been employed 10 months to be eligible for FMLA. You must have worked at least 1,250 during the 12 months before the start of your FMLA leave

90 The 12 month period can be the calendar year, any other fixed 12-month period, whether measured forward or backward from the date the FMLA leave is needed.

91 Every worker on the payroll, including part time temporary or leased workers count toward the 50 worker number.

92 The worker must be notified within five days if he is ineligible for FMLA to prevent worker from staying out of work under the impression that he has legal protection.

93 An eligible employee is entitled to a a total of 12 workweeks time off “during any 12 month period”

94 An employer can classify an employees sick leave of a serious nature as a FMLA leave without that employees consent.

95 An employees normal sick leave days can be can be subtracted from the 12 week FMLA allotment.

96 FMLA leave may be taken on a continuous, intermittent, or reduced schedule basis. When you return from a FMLA medical leave your old job is not guaranteed.

97 Employers can warn and suspend persons for because of FMLA absences. Incapacity for more than three consecutive calendar days and continuing treatment by a health care provider is considered a “serious health condition” and qualifies a persons for the FMLA.

98 Asthma, migraine headaches, diabetes, pregnancy related disabilities are examples of serious conditions which qualify the worker for FMLA leave. If the employer has a serious health condition, such as heart problems, epilepsy, colitis, cancer, the FMLA requires employers to reduce a workers work week.

99 The employee is entitled to get information from the employer about the subject of the meeting and the topics to be discussed.


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