Stewards — How Far Can You Go?

1.      At a grievance meeting, you get upset and call the foreman a liar? As it turned out, you were wrong. Can you be disciplined for your actions?

Yes          No

2.      After a grievance meeting with management, you receive a warning for "extremely load behavior." Can you be disciplined for raising your voice?

Yes          No

3.      During a grievance meeting, the foreman makes a number of ridiculous statements. Infuriated, you call him a "jackass."  Can management discipline you for what you said?

Yes          No

4.      You get involved in a heated grievance meeting with the boss. In the middle of it, she says, "This meeting is over. Go back to your work!"  You continue to argue with her for several minutes. Are you subject to discipline for not immediately obeying her order?

Yes          No

5.      Your contract permits stewards a reasonable amount of working time to conduct union business. Last week, while investigating a grievance, your foreman comes over and orders you to return to work. Can you refuse the order?

Yes          No

6.  After a grievance meeting, you lose your temper, scream at the plant superintendent, tell him he should have his face bashed in and threaten to do just that. Several workers stop work to listen to the argument. When you dare the superintendent to fire you, he does just that. Were your actions protected through your rights as a steward?

Yes          No

7.  Your boss often criticizes you, calling your grievances "nit-picking" and a "waste of time."  Is your supervisor committing an Unfair Labor Practice by interfering with your rights as a steward?

Yes          No

8.   Last week you presented a grievance. In response, your boss told you, "If you don't like conditions here, you can always quit!"  Was your supervisor violating the law?

Yes          No

9.   The company is investigating drug use in the plant. Can a steward tell workers not to answer questions from the company?

Yes          No

10.  A foreman frequently makes workers do work outside of their job classification. As a steward, do you have a legal right to tell workers to refuse their assignments?

Yes          No

11.       The plant manager frequently calls shop meetings to lecture workers. When he asks for questions, can a steward make a statement defending the workers?

Yes          No

12.       Workers in your department walk out over a dispute with the supervisor. You did not lead the walkout, but you participated in it. The contract has a no-strike clause, so everyone was disciplined. The other workers received a three-day suspension, but you received ten days because you were the steward. Were you discriminated against illegally for your union activities?

How Far Can You Go? Answers

1. No. Under the principle of equity, the steward, while acting in his or her official capacity as steward, has a right to accuse the foreman of lying – even if it turns out that he or she was wrong.  [next question]

2.         No, as long as it doesn't interfere with production. Shouting is a protected activity under the law.  [next question]

3.         No. Strong language during grievance meetings is protected.  [next question]

4.         No. The law provides for a short "cooling off' period immediately following a grievance meeting. Protection may be lost, however, if the steward ignores repeated orders to return to work.  [next question]

5.         The general rule is to "obey now, and grieve later". However, the NLRB has ruled in the steward's favor in cases where the supervisor is bent on preventing the steward from engaging in legitimate union business as long as it is permitted by contract or past practice, does not disrupt the work of others, and is not an attempt to avoid work.  [next question]

6.         No. In this case the steward went too far by threatening physical violence and by having the fight near other workers, interfering with their work.
[next question]

7.         No. The law permits employers to criticize union activities. They become illegal only when they reach the level of harassment or contain threats.
[next question]

8.         Yes. This is a veiled threat from the employer that implies that your union activity is incompatible with your job.  [next question]

9.         No. The union has the obligation to cooperate when management is conducting a legitimate investigation of misconduct. Instructing workers not to answer questions could lead to the steward being disciplined.  [next question]

10.       No. The rule to follow is "obey now; grieve later."  [next question]

11.       Yes. Union representatives have a protected right to speak up at shop meetings as long as the employer has not clearly forbidden employee comments.
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