4Goals – Objectives – Expectations Better understanding of Steward’s duties andresponsibilitiesIncrease knowledge of our Local’s hierarchyand their dutiesBetter understanding of our CBAand Benefit packagesRead Slide.
5Goals – Objectives – Expectations Better understanding of the OPCMIA Code of ConductLearn about Our Rich HistoryHow to handle Grievance/Discipline casesRead Slide.
6Goals – Objectives – Expectations What Strike sanctions/Dual Gates mean to youIt’s not just a Men’s-only club!Traditions & ReputationsApprenticeship IssuesRead Slide.
73-Minute Communications Test Distribute the 3-Minute Communications Test. Upon completion, tell them why they took the test.
8Financial PlanningDistribute “Financial Tools For The Trades” book now.
9Membership Union Structure 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!
10Union 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 currentBy ATTENDING UNION MEETINGS!
11Union Structure Elected Positions Business Manager/Financial Secretary PresidentVice PresidentRecording SecretarySergeant-At-Arms (2)Labor Trustees (2)Local Executive Board (11)
12Union Structure Business Manager/Financial Secretary DutiesSupervise 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.
13Union Structure Business Agents Duties Positions are appointed by the Business ManagerReports to the Business ManagerProtects our trade jurisdictionCompels employers to observe and respect the Collective Bargaining AgreementAdjust all grievancesPromotes and foster employment for membersServes as delegates
14Union Structure President Duties Presides at all meetings of this LocalShall be a delegate for union businessShall serve as a Labor TrusteeShall serve on the Executive Board
15Union 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.
16Union 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.
17Union Structure Sergeant-At-Arms Duties Ensures only Members-In-Good-Standing are permitted to attend meetings.Maintains order and discipline during monthly Union meetings.
18Union Structure Labor Trustee Duties 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.DutiesAct as Fiduciaries in operating and maintaining a viable Health & Welfare, Pension, and Training Trust Funds.
19Union 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.
20Union 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 LocalPolicy reviewers/makers.
22Union 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 toattend Board meetings?Break Time
23CODE OF CONDUCTDistribute copies of the Code of Conduct to class participants.
24CODE OF CONDUCT Introduction/Purpose Stimulate our members pride in craftsmanship & customersatisfaction.The purpose of the Code of Conduct is to:
25CODE OF CONDUCT Introduction/Purpose Stimulate our members pride in craftsmanship & customersatisfaction.Foster membership pride.Fostering membership pride in our plasterers, cement masons, and shop hands is key to our survival.
26CODE OF CONDUCT Introduction/Purpose Stimulate our members pride in craftsmanship & customersatisfaction.Foster membership pride.Full support of the Local at all levels.To be successful, the Code of Conduct must have the full support of the Local Union at all levels. Officers must set the standards and act as role models.
27CODE OF CONDUCT Introduction/Purpose Stimulate our members pride in craftsmanship & customersatisfaction.Foster membership pride.Full support of the Local at all levels.Three-strike policy.Any member found in violation of the Code will be subject to the disciplinary procedures of the International and Local’s Constitution. Three strikes and you face disciplinary charges that could result in being fined, suspended, or expelled.
28CODE OF CONDUCT Responsibilities under the Code Both Union and Contractor haveresponsibilities.Both parties must take their respective duties seriously!
29CODE OF CONDUCT Local Union Responsibilities BM/BA’s shall communicate theCode and ensure members:Apply knowledge, skills, and experience diligently on the jobUpgrade skills on regular basisShare knowledge of the tradeArrive on-time fit for workThe BM/BA’s are responsible to communicate and ensure our members are fully compliant with:
30CODE OF CONDUCT Contractor’s Responsibilities Address ineffective superintendents,general foremen & foremenProper job layout to minimize downtimeEnsure proper storage of toolsMan the job site properlyProvide leadership/training skills forjobsite leadersThe Contractor is responsible to:
31CODE OF CONDUCT Contractor’s Responsibilities Ensure sufficient quantities of tools &materials on siteTake responsibility for mistakes createdby managementEliminate unsafe working conditionsReport Code of Conduct violations toLocal
32CODE OF CONDUCT Dispute Resolution Mechanism Both parties have obligationsrespecting the resolution of disputesIf unable to resolve the problempursue remedy under thecollective bargaining agreementWhat happens if the Local and the Contractor can’t agree?
34OPCMIA HistoryOPCMIA 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.Select a student to read this slide.
35OPCMIA HistoryAs 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.Select a student to read this slide.
36OPCMIA HistoryIn 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.Select a student to read this slide.
37OPCMIA HistoryThe 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.Select a student to read this slide.
38OPCMIA HistoryAs 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.Select a student to read this slide.
39OPCMIA HistoryAs 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.Select a student to read this slide.
40OPCMIA HistoryThanks 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.Select a student to read this slide.
41OPCMIA HistoryFor 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.Select a student to read this slide.
42OPCMIA HistoryAnother example, apprentices would run away from their programs before completion and would present themselves to employers or other locals as full-fledged journeymen.Select a student to read this slide.
43OPCMIA HistoryWhile 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.Select a student to read this slide.
44OPCMIA HistoryFire 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.Select a student to read this slide.
45OPCMIA HistoryIn 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.Select a student to read this slide.
46OPCMIA HistoryThey 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.Select a student to read this slide.
47OPCMIA HistoryIn 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.Select a student to read this slide.
48OPCMIA HistoryIn the process of uniting behind their brothers in Cincinnati, discussions of reviving their national group led to a meeting in St. Louis in September This meeting led to the rebirth of the national organization named Operative Plasterers National Union.Select a student to read this slide.
49OPCMIA HistoryNearly 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.Select a student to read this slide.
50OPCMIA HistoryAt 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.Select a student to read this slide.
51OPCMIA HistoryIn 1908 the OPIU affiliated with the American Federation of Labor as part of the newly formed Building Trades Department.Select a student to read this slide.
52OPCMIA HistoryIn 1914, due to the growing numbers of cement workers, our name was officially changed to Operative Plasterers’ and Cement Finishers’ International Association.Select a student to read this slide.
53OPCMIA HistoryIn 1915, an agreement was reached with the United Brotherhood of Cement Workers which allowed Finishers of that union to be admitted to the OPCFIA.Select a student to read this slide.
54OPCMIA HistoryThe 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.Select a student to read this slide.
55OPCMIA HistoryAmerica 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.”Select a student to read this slide.
56OPCMIA HistoryAs 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.Select a student to read this slide.
57OPCMIA HistoryResponding 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.Select a student to read this slide.
58OPCMIA HistoryAs 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.Select a student to read this slide.
59OPCMIA HistoryBecause 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.Select a student to read this slide.
60OPCMIA HistoryIn pursuit of excellence, the OPCMIA joined with the Contracting Plasterers’ International Association and the Associated General Contractors to establish the National Apprentice Training Standards.Select a student to read this slide.
61OPCMIA HistoryIn 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.Select a student to read this slide.
62OPCMIA HistoryThis 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.Select a student to read this slide.
63OPCMIA HistoryThe 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.Select a student to read this slide.
64OPCMIA HistoryToday 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.Select a student to read this slide.
65Your Steward!! The Roles of a Steward Who would you go to if you had a problem at work? The answer should be:Your Steward!!
66The Roles of a Steward A Leader A Contract Enforcer A Communicator A RepresentativeThe Steward is:
67The Roles of a Steward A Leader Understands the diversity of the union’s membership.CulturalRacialGenderSexual orientationAge differences
68The Roles of a Steward A Leader Must have CREDITABILITY (“worthy of belief or trust”) with:Union membersCo-workersSupervisors
69The 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
70The 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.
71The 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.
72The 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:
73The Roles of a Steward Jurisdictional Scope Strike/Lockouts Language Grievance and ArbitrationProceduresScheduling of ShiftsWages
74The Roles of a Steward Lunches/Breaks Health & Safety Issues Trust Fund PaymentsRecognized HolidaysDrug Policy
78Dual 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.
79Dual 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.
80Dual 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.
81Dual 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”).
82Dual 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.
83Dual 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:
84Dual 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)”.
85Dual 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.
86Dual 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.
87Dual 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.)
88Dual 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:
89Dual Gates Other Points 1. 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”.
90Dual Gates Other Points 5. 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.
91Dual 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.
92Dual GatesA good union member is extremely careful when confronted WHERE A PICKET LINE IS ESTABLISHED on the job where he is working.
93Dual Gates He LEAVES. He DOES NOT TALK – JUST LEAVES. He READS the PICKET SIGN as he leaves.He DOES NOT hang around near the job.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.He does NOT ALLOW HIMSELF to be drawn into conversation with ANYONE at the job site.
94Dual Gates A GOOD UNION MEMBER KNOW HIS RIGHTS He has the right NOT to work behind ANY Picket Line.He has the right to decide for himself whether to walk off a job being picketed.He understands that his trade may be under attack next.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.
95Objectives Grievance Handling What is a complaint? What is a grievance?What is a complaint?What if its not a grievance?What about problems between members?
96Grievance 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, andGives the worker the support of the whole union when he/she has a dispute with management.
97Grievance Handling Five areas provide grounds for grievances: The ContractState and Federal LawsCompany rules and regulationsWell-established (Past) practicesWorkers’ rights
98Grievance Handling The Contract Any time the employer violates a specific provision in the contract, their action constitutes a grievance.
99Grievance 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.
100Grievance 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.
101Grievance 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.”
102Grievance 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.
103Grievance 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.
105Grievance Handling Step One – Identification You may learn about an issue fromYour own experiencesA co-worker reports itA manager or supervisor announces itNew policy or procedureRumor mill
106Grievance Handling Did management violate any of the following? The ContractA work rule or regulationA policy or procedureAny Federal, State, County or Municipal LawAny health and safety regulationPast practice
107Grievance 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?
108Grievance Handling Step Two – Investigation Talk to People! Ask the 5 W’s!Who was involved?Names of people involved in eventWhat happened?Description of eventWhere did it happen?Location of the eventWhen did it happen?Date/Time the event occurredWhy is this a grievance?Contract sections being violated
109Grievance Handling Step Two If investigation leads you to believe there is validity to the grievance – contact a Business Agent ASAP!
110Grievance 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.
111Grievance Handling Step Three – Documentation Business Agents – Document on OPMCIA Grievance Fact SheetSubmit Written Information Requests, if necessary
112Grievance Handling Written Information Requests May Include: Attendance recordsManagement MemosCorrespondenceMaterial Safety Data SheetsDiscipline recordsPayroll recordsEquipment specificationsPersonnel filesInspection recordsPhotographsJob Assignment recordsSupervisor’s notesJob Descriptions
113Grievance 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.
114Grievance 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.
115Grievance Handling Step Five – Presentation Business Agents will present case to Management
116Grievance Handling Grievance Procedure Time Limits Business Agents will present case to ManagementThere 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.
117Grievance Handling Grievance Procedure Time Limits Business Agents will present case to ManagementYou must use the form provided.You must act quickly.Grievance is denied if late.Each Contract sets time frames.
118Grievance 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.
119Grievance 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
120Grievance 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.
121Grievance 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.
122Grievance 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.
123Grievance Handling Types of Grievances Individual: This is when a management violation of the contract affects only one employee.
124Grievance Handling Types of Grievances Group: A management violation of the contract affects more than one person.
125Grievance Handling Types of Grievances Union: When a contract violation may affect the union as an institution.
126Grievance 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.
127Disciplinary CasesDiscipline is a formal penalty imposed by management.It can include (if contract permits):Verbal counseling.Written reprimandsForced transfersTermination
128Disciplinary CasesManagement usually cites one of two reasons for taking disciplinary action.It believes the employee is guilty of misconduct – that is, not following legitimate management orders, rules, or policies; orIt 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.
129Disciplinary CasesAs 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.
130Disciplinary 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.
131Disciplinary Cases Seven Tests of Just Cause Was the employee adequately warned of the probable consequences of his/her conduct?Was the employer’s rule or order reasonably related to the efficient and safe operation of the job function?
132Disciplinary Cases Seven Tests of Just Cause Did management investigate before administering the discipline?Was management’s investigation fair and objective?Did the investigation produce substantial evidence or proof that the employee was guilty of the offense?
133Disciplinary Cases Seven Tests of Just Cause Has the employer applied its rules, orders, and penalties evenly and without discrimination?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?)
134Disciplinary 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.
135Disciplinary 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.
136Disciplinary 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.
137Disciplinary 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:
138Disciplinary Cases Obey Now, Grieve Later Result in doing something illegalPut 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.
139Disciplinary 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.
141Sexual Harassment –Sexual Harassment– You Make The Call
142Apprenticeship – 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 selectionHave a Social Security CardPass Drug TestJob Corps Graduates Go To Top of List
143Apprenticeship Testing Process No Experience – Take Written ExaminationWith Experience – Take Skills Test
144Apprenticeship Written Examination Math Test Mechanical Test Verbal TestOral InterviewPossible 400 pointsNo Pass/Fail thresholdsFinal score determines place on waiting listScores range from 345 to 95.
145Apprenticeship Skills Testing - Plasterer Layout EIFS Hard Wall Putty CoatThree-CoatSand Finish and TexturedLevel V FinishRock CarvingFireproofing
147Apprenticeship Skills Testing Dependant upon skill level evaluated, applicant is rated:Journey WorkerTurned over to Business Agents80% - 70% - 65% - 50% ApprenticePlaced on Waiting List according to Rating and Date of Application
148Apprenticeship Classes For 50% no experience students: Complete Initial 2-weeks training prior to dispatchingFor 65%-70% skilled students:Integrated into existing classesReturn to classes every 3 months for one-week periods until completion of 5000/7200 OJL & 480/640 classroom hours
149Apprenticeship Plasterer Pay Increases From 50% to 65%: Complete required classes, accumulate 1000 OJL hoursFrom 65% to 70%:Complete required classes, accumulate 2500 OJL hoursFrom 70% to 80%:Complete required classes, accumulate 3500 OJL hoursProvide new pay scales to attendees.
150Apprenticeship Plasterer Pay Increases From 80% to 90%: Complete required classes, accumulate 4500 OJL hoursFrom 90% to Journey Worker:Complete required classes (480 hours), accumulate 5000 OJL hours
151Apprenticeship Cement Mason Pay Increases From 60% to 65%: Complete required classes, accumulate 900 OJL hoursFrom 65% to 70%:Complete required classes, accumulate 1800 OJL hoursFrom 70% to 80%:Complete required classes, accumulate 3600 OJL hoursProvide new pay scales to attendees.
152Apprenticeship Cement Mason Pay Increases From 80% to 90%: Complete required classes, accumulate 5400 OJL hoursFrom 90% to Journey Worker:Complete required classes (640 hours), accumulate 7200 OJL hours
153Apprenticeship Certification Classes Basic First Aid Adult CPR OSHA 10 & OSHA 30Scaffold UserScissor/Boom LiftRespirator Fit
154Apprenticeship Challenges Irregular class attendance Late submission of required reportsPigeon-holed into one segment of tradeRatios not followed by contractorsOutgrowing facilitiesLanguage
155Apprenticeship On-the-Horizon Teaching credentials for Instructors Facility changeForeman TrainingFireproofing CertificationsImplementation of OPCMIA Standardized CurriculumACI/AWCI Certifications
156Survival of the Fittest Distribute SURVIVAL OF THE FITTEST books to class participants.
157Overview 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…..
158Overview of TrainingThank you for taking the time to learn more about the union, your rights, and how to protect yourself and your coworkers.