This article is from the June 2008 edition of the AFSCME 3800 newsletter.
By Cherrene Horazuk, Chief Steward
I would like to take this opportunity to introduce myself as the new Chief Steward of AFSCME 3800. I have worked at the U for four years in the dean’s office at the Humphrey Institute of Public Affairs. For the past year and a half, I have been the Vice-President of our local. I’m excited about being Chief Steward and I am looking forward to working with all of our stewards in fighting for respect for our co-workers in the workplace, and for respect for our contract by the Administration. We.ve heard recently from a number of coworkers who have questions about basic rights in the workplace. We.ve also heard from workers who.ve been called into meetings with their supervisors or others and then been disciplined. When management begins to ask you questions that could lead to your being disciplined, you don’t have to face it alone. There is help out there in the form of a shop steward. Many of our workers volunteer to assist their fellow employees. Here is some info about your right to representation in certain situations at work.
Basic employee rights at the U of M
The contract between AFSCME and the U of M is a written agreement spelling out wages, hours, and working conditions that must be followed both by the union and the employer. A union contract helps ensure equal treatment on the job. In addition to salary and benefits we have contract language that sets out certain aspects of the terms and conditions of our employment. Some of those aspects include representation and an established grievance procedure in the case of disciplinary action. More importantly our union gives us access to a community of coworkers that have experience we can draw on for support. This support is provided in part by trained union stewards.
Under a union contract the employer has to respect process and cannot change the rules on a whim or play favorites in the workplace.
Progressive discipline
Our contract outlines a procedure for due process in cases involving discipline and dismissal. These rights are further guaranteed by the Supreme Court. An important concept related to due process is the principle of progressive discipline. Progressive discipline means that an employer attempts to correct an employee’s problem with a process of notification, education, and discipline, if necessary, that starts less severe, moving to more severe if the problem is not corrected. When an employee is dismissed the employer must show that the discipline reflected the principle of progressive discipline. For example, if an employee is late he/she cannot be fired the first time this happens. The employee must be notified of the problem with discipline resulting if the lateness continues. The discipline must at first be of a type that is less severe, with additional warnings, using dismissal as a last resort. Cases of severe misconduct are exempt from this rule.
All employees are entitled to prior notice of what constitutes misconduct. There must be substantial evidence or proof of misconduct to justify any discipline. Work rules must be fair, reasonable, and work-related. Rules, orders, and penalties must be equally applied to all employees in the unit. The progressive disciplinary steps outlined in the contract must be followed. Employees may challenge contractual violations, including discipline-related ones, through the grievance process.
Do you know your Weingarten Rights?
Your right to be represented in a meeting with management is not only part of our contract, it is also a legal right based on the Weingarten decision issued by the United States Supreme Court in 1975. The Weingarten decision says that an employee may be represented by the union at an investigatory interview with the employer when the employee believes that the interview may lead to disciplinary action. The employee must request that a union representative be called into the meeting with management, and there must be a reasonable belief that discipline may result from the meeting. The right to representation exists even in cases where no discipline results from the meeting, but the employee has reasonable belief that it may happen.
Things to remember when you are called into an investigatory meeting
Our contract states that supervisors are supposed to give 24 hours notice of an investigatory meeting, and that employees have the right to have a union representative present. However, supervisors are often not aware of the contract’s rules, and will call you in for an investigatory meeting without notice and without letting you know about your right to representation. When called into a meeting that turns into something that is disciplinary, ask, .Could this discussion lead to discipline? If so, it is my right to have a union steward / representative present.. If they insist on continuing, don't say anything, but instead listen and take notes. Try your best to stay calm, don’t show how upset you may be and don’t answer any questions or make any comments. Just politely tell them that you will be happy to respond to their questions, accusations or whatever, when your union rep is present. Request that you would like to continue the meeting another time after you had an opportunity to contact your AFSCME steward.
First call the Chief Steward at (612) 940-0660. I’ll put you in touch with one of our shop stewards.
What is a steward?
A steward is a co-worker and union member who has been trained to assist employees in solving workplace problems and to enforce and protect the contract. Our stewards provide representation when employees need assistance. When your coworkers are acting on behalf of the union in a steward capacity, they have special recognition provided by our contract. They are on equal footing with management.
Use your steward as a resource
If you have questions about work rules, a workplace situation or union activities, consult with your union steward. If she/he doesn’t know the answer, they will find it for you. The strength of any union depends on having a large, active, and educated membership. Stewards play a key role in achieving all these goals. As the number of educated members grows, so does the amount of influence we can exert on the University in order to effect positive change.
For our list of stewards, click here.
If you are interested in becoming a steward, call Cherrene Horazuk at (612) 940-0660.
When called into an investigatory meeting...