The Steward's Role                       Your Right To Represent                           Steward Resources

The Right to Represent

Getting called in by a supervisor can be a frightening prospect for anyone, especially if it could result in disciplinary action. That's why the right to union representation at such meetings is one of the most valuable protections that employees have in the workplace. And the guarantor of those rights — called "Weingarten rights" — is the shop steward.

While representing a member, you have many rights, including the rights to speak up at meetings and to obtain employer information such as payroll records, memos, and performance reviews. Management is required by law to treat you as an equal.

Test the Case

A supervisor may call in a worker for many reasons, and Weingarten rights may not apply. For example, there is no right to representation if the supervisor just wants to provide the employee with information and no disciplinary action is contemplated.

For Weingarten rights to apply:

• The meeting must be an inquiry where the employee is expected to answer questions in connection with possible wrongdoing.
• The meeting could result in disciplinary action (even if it's unlikely).
• The employee reasonably believes that he or she may be disciplined.
• The employee must assert his or her Weingarten rights by saying: "If this discussion could in any way lead to my being disciplined or terminated, I respectfully request that my steward be present at the meeting. Without representation present, I choose not to respond to any questions or statements."

Employers have no obligation to inform workers of their rights. That's why the steward should be proactive, ensuring that employees know about their Weingarten rights before they get called in.
 
Taking the Case.  Much of your time as a shop steward involves handling grievances brought to you by members. But not all problems are actually grievable. How do you know which is which? And once you've identified a legitimate grievance, how do you handle it?

There are four basic steps you need to take: get the facts, analyze the facts, develop a strategy, and mobilize the members.

Get the facts. Conduct interviews with the member and co-workers to find out what really happened, but refrain from forming opinions right away or promising any future action. Take a lot of notes. Ask questions.

Review your contract. Request relevant information from the employer in writing, being as specific as you can, and giving a reasonable deadline.

Analyze the facts. Talk to fellow stewards or your union field rep to figure out the underlying issues. Most problems fall into one of five categories: 1) Violation of the contract, 2) Violation of the law, 3) Violation of employer's personnel policies, 4) Violation of past practice, 5) Violation of equal treatment.

Determine a strategy. Not all problems are grievable. See if there are other solutions. A grievance should be your last resort, not your first. If you determine that a situation is grievable, be sure to meet every deadline; you'd hate to lose on a technicality.

Mobilize the members. Use problem situations as opportunities to involve members in the union. For instance, find out if others have similar problems and approach management as a group. By taking appropriate action and not filing grievances frivolously, you show that the union takes your contract seriously.