1. Legal Rights of Union Stewards Angel F. González University of Iowa Labor Center

2. PERA(1974): Right to Organize Sec. 20.1 Public policy “The general assembly declares that it is the public policy of the state to promote harmonious and co- operative relationships between government and its employees by permitting public employees to organize and bargain collectively; to protect the citizens of this state by assuring effective and orderly operations of government in providing for their health, safety, and welfare; to prohibit and prevent all strikes by public employees; and to protect the rights of public employees to join or refuse to join, and to participate in or refuse to participate in, employee organizations.”

3. Employer Prohibited Practices It shall be prohibited practice for a public employer… 1.To refuse to negotiate in good faith 2.To willfully interfere with, restrain or coerce public employees in the exercise of rights granted by this chapter 3.Dominate or interfere in the administration of any employee organization 4.Encourage or discourage membership in any employee organization, committee or association by discrimination in hiring, tenure, or other terms or conditions of employment 5.Discharge or discriminate against a public employee for union activities, testimony, or filing a complaint 6.Refuse to bargain collectively with certified representatives 7.Deny the rights or exclusive recognition 8.Refuse to participate in good faith in any agreed upon impasse procedures. (PERA 20.10)

4. Summary of stewards’ rights vigorously represent members in disputes involving their rights under the contract, free from employer discrimination and interference; aggressively enforce and police the labor agreement; speak freely and without inhibition on labor relations issues in meetings with management personnel; request and receive information from the employer relevant to actual and potential grievances from the employer; investigate grievances, interview witnesses and analyze relevant documents on non-work time. sign up new members in the workplace on non-work time in working areas; distribute union literature in the workplace in break areas and in negotiated spaces such as bulletin boards.

5. Employees called to an investigatory interview with their employer which they reasonably believe may lead to discipline are entitled to union representation. The union steward is in the interview to protect the worker’s rights. (And to collect information!) “Weingarten” Rights

6. When a b.u. member is being questioned you can: serve as a witness to prevent a supervisor from giving a false account of the conversation; object to intimidation tactics or confusing questions; help an employee to avoid making fatal admissions; advise an employee, when appropriate, against denying everything, thereby giving the appearance of dishonesty and guilt; warn an employee against losing his or her temper; discourage an employee from informing on others; and raise extenuating factors.

7. Stewards’ free speech rights Generally a steward cannot be disciplined for abusive remarks made to a supervisor or management officials during a grievance meeting or in a bargaining session. The steward may use profanity or even accuse the employer of lying without fear of discipline. The Board applies this rule so that a steward may speak freely without having to weigh every work said or hold back arguments for fear of over ‑ stepping the line. (Callas)

8. The steward has the right to information for investigating potential grievances The Supreme Court has ruled that management must provide the union with certain information it requires to decide whether a meritorious grievance exists. “Hand over those files!”

9. Duty of fair representation Perform a thorough investigation; Follow contractual time limits; Keep an employee informed as to the status of his or her grievance; Decide whether to pursue the grievance based on a judgment of the merits of the grievance rather than on personal bias; Advise the grievant of the decision and the reasons therefore.

10. Other laws to know about Right to pee at work “when need” arises (Memorandum, Jan. 21, 1998. from Byron Orton, Labor Commissioner, State of Iowa) Who? All employees covered by Iowa OSHA Right to see and have copy: employee’s personnel file including but not limited to performance evaluations, disciplinary records, and other info concerning employer-employee relations. reasonable fee not to exceed $5 Who? All Iowa employees Right to privacy No job-related lie detector tests -pre employment; for promotion -for any employment privilege or benefit -employee may not be asked to waive right Who? All employees, except--- candidates for peace or corrections officer positions Right to written policy on employer drug testing program --right to bargain on implementation --waiver of union rights to bargain must be explicit Who? Private sector employees only --Right to see and have copy: complete OSHA 300 log and summary (29 CFR Part 1904 Who? Employee, representative of employees, former employee Must be made available for 5 years. (Federal regulation)