Steward Training Manual 2008/2009

Transcription

1 Steward Training Manual 2008/2009 Federation of Indian Service Employees Local 4524 AFT, AFL/CIO 2309 Renard Blvd. SE, Suite 202 Albuquerque, NM (505) , (888) Fax (505)

2 Table of Contents Page Glossary... 3 Contacts.. 5 General Information. 6 What do you do?.. 7 Let s Start at the Beginning. 9 Informal Resolutions, Complaints & Potential Grievances. 10 Tips to Successful Meetings with Management 16 Formal Grievances. 17 Grievance Questionnaire 5 W s 26 Intake Form. 27 Grievance Timeline Form. 29 Examples. 33 Do s & Don ts of being a Steward 41 Role of Union Officials.. 43 Douglas Factors. 45 How to Hold a Union Meeting.. 46 Appendix 48 Weingarten Rights. 52 2

3 GLOSSARY Adverse Action any action taken toward an employee, such as a removal, suspension of 14 days or more, reduction in grade or pay. Alleged to state to be true, to assert without proof Arbitration Method of resolving a grievance in which a neutral party is given power to make a binding decision Bargaining Unit A group of workers who negotiate collectively with their employer through their union, and who are covered by a single union contract. (Code 0065) CBA Collective Bargaining Agreement (Contract) Negotiated Agreement Collective Bargaining Negotiation between the representatives of Union workers and their employers Disciplinary Action a reprimand or suspension of 14 days or less Douglas Factors Factors to be considered in determining the appropriate penalty Expunge to remove or delete Free Rider A worker who does not join the union, even though he/she is enjoying the same negotiated benefits as the member who pays dues to finance the union s work. Grievance A complaint of unfair treatment by an employee Grievant Employee who files a grievance or for whom the union files a grievance Impasse Point in bargaining where there is no prospect of a change of position by either party Investigatory Interview Interrogation that could result in discipline or adverse job action Mitigate to make or become less intense, severe, or painful 3

4 National Labor Relations Act (NLRA)- Federal law passed in 1935 giving employees the rights to join unions, bargain collectively, and strike. National Labor Relations Board (NLRB) - Agency that enforces the NLRA Past Practice Customary way of doing things Progressive Discipline moving toward correcting behavior in steps or by stages or degrees Substantiate To support with proof Glossary Unfair Labor Practice (ULP) Violation of the NLRA by an employer or a union Unilateral Change Change in matter significantly affecting employees without prior notice or bargaining Weingarten Right Right to insist on union assistance during investigatory interview 4

5 CONTACTS NAMES PHONE Michael Jennings Administrator (toll free) Jackie Spencer Office Manager (toll free) Sue Parton Call Center (toll free) Sonya Maria Martinez Director of Organizing Bernadette Rolfs Sr. Field Rep (office) (cell) Lois Jacobs Field Rep (office) (cell) Pat Kendrick (cell) Field Rep Pam McCrackin (cell) (office) Helen Bonner Curtis Foust (office) (cell) 5

6 GENERAL INFORMATION A union is an organization of workers who have banded together to achieve common goals in key areas such as hours, and working conditions. The agreements negotiated by the union leaders are binding on the rank and file members and the employer, and in some cases, on other non-member workers. In general, it is legal for employers to try to persuade employees not to unionize. However, it is illegal for an employer to attempt to prevent employees from unionizing by promises of violence, threats or other coercive action. It is also illegal for unions to use lies or threats of violence to intimidate employees into joining a union. The employer is required by law to bargain in good faith with a union, although an employer is not required to agree to any particular terms. Once an agreement is reached through negotiations, a collective bargaining agreement (CBA) is signed. A CBA is a negotiated agreement between a labor union and an employer. After a CBA is signed, an employer can t change anything detailed in the agreement without the union representative s approval. The CBA lasts for a set period of time, and the union monitors the employer through its Stewards to insure the employer abides by the contract. If a union believes an employer has breached the CBA, the union can file a grievance or ULP (Unfair Labor Practice), which may be ultimately resolved through a process known as arbitration. Union members pay dues to cover the union s costs. Most unions have paid, fulltime staff that helps to manage its operations. While the staff is paid by union dues, members sometimes volunteer with the union. A Steward is the title of an official position within the organizational hierarchy of a labor union. Its uniqueness lies in the fact that rank-and-file members of the union hold this position voluntarily (either appointed or through an election by fellow workers) while maintaining their role as an employee of the school or agency. As a result, the Union Steward becomes a significant link and conduit of information between the union and its workers. Chief Stewards are allowed to take 20 hours of work time to perform Union duties. Stewards are allowed 10 hours per pay period. Stewards are encouraged to use and document these hours. 6

7 CONGRATULATIONS!! YOU HAVE BEEN ELECTED/APPOINTED STEWARD! Now what do you do? What are the duties of a steward? What are your rights as a steward? What does the Union expect from you? What do the members at your worksite expect of you? Where do you begin? Always remember: You are one among many Union representatives that are working together to improve the working lives of our members. THIS IS THE MISSION OF OUR UNION. One of the first rules of Unionism everyone must know is: There is strength in numbers. Without numbers (members) we are a small voice. With numbers we become a power house who can take on adversity with professionalism, peace and pride. Stewards are union representatives at a work place, who are elected by their co-workers or appointed to represent them and to keep them informed of union matters. You are these people. You are the cornerstone of OUR union. You are a leader, a teacher, a listener and help to bring logic, accountability, and fairness to the workplace. Skills will be acquired through study and experience. You, as the steward need guidelines and up-to-date factual information to make sound judgments and recommendations in order to represent our members properly. Since we have a collective bargaining unit, we have a voice. We, as workers, are no longer subject to arbitrary decisions and abuses of management. 7

8 It is through you, the Union Steward, that our voices are heard. Can you imagine what the workplace would be like without this important tool? Scary thought isn t it. Now there is no reason for fear. When you are talking to a supervisor as a Union Steward, you are no longer the employee, but an equal to that supervisor. This manual will try and address your questions, provide answers and guidance for you through your journey of learning about being a steward and how to be the best possible steward for your co-workers. Through this study guide, you will be better prepared to lead, negotiate and find resolutions. Remember you are able to bridge the gap between employee and management. You are the front line of defense, the mover and shaker for this Union and the rights of our members. We hope this guide will give you a ready reference. To conclude this section, the Union would like to stress the importance of the WE thought process. What is good for all of us? I am only one of many; we must think of the needs of the many. ME is not the way to success, WE is. If you concentrate on this (one person at a time) you will be a successful steward, leader and an asset to the union. 8

9 Let s start at the beginning shall we? The first thing you will need is a copy of the Union contract (CBA). If you do not, have a copy go the internet to print it out. You do that by typing: fise-aft.org On the web site click on the Document link, then click on the contract and print it. Get to know your contract; it will be your new best friend. Since you will be representing and defending fellow workers whom management believes violated a policy or procedure, knowing and having a complete understanding of the contract is extremely helpful. Duties of a FISE Union Steward: The duties of a union steward can vary. In general, stewards perform the following functions: Monitor and enforce the provisions of the contract to ensure no one is violating the terms of the agreement. Your job will be to communicate and disseminate official union policy, memos and information to workers within your site during your official Union time. You should popularize and promote union consciousness and values in the workplace. Use your bulletin board(s) {See Article 2, Section 9, Internal Union Business} Enforcing the contract may include a variety of different approaches such as: Informal Resolutions Creating or starting a Grievance Contacting Management Gathering of information Know Union Representative and how to get in touch with them. Know the Call In Center number Know the available hours and what it can do to help you. 9

10 INFORMAL RESOLUTIONS, COMPLAINTS AND POTENTIAL GRIEVANCES 10

11 What do you do when a co-worker comes to you for help? First and foremost, you are not alone. You always have the union behind you. The union has many people you can talk to if you need assistance. You can call your local representative or the Call In Center for assistance. DO NOT be afraid or embarrassed to ask for assistance. We all do and continue to now. As already mentioned, get to know your FISE (Union) Rep. We are your support team and can help you through the process. Our responsibility is to listen, teach, provide assistance to you and provide the tools to become a confident steward. As union representatives and stewards, in order to determine whether we have a: 1. Grievance 2. Complaint 3. EEOC Issue 4. ULP(Unfair Labor Practice) 5. Past Practice Issue We follow the same simple steps every time. It is important that you, as the steward, can distinguish between a complaint and a grievance. Not all troubles that come up on the job are grievances. These steps will give you the guidance you require to make a determination which of the five issues your co-worker has. Each will have a different approach so this is important. 11

12 START: 1) Set a time to meet. a. If the meeting is at lunch, during a break, before or after hours you do not need to notify management. b. If the meeting is during working hours you must inform management by filling out the steward leave form (see last page of your contract book) that you are now acting as a steward. If you are a Chief Steward, you are entitled to 20 hours of Official time per pay period. A jobsite steward is entitled to 10 hours per pay period of Union Leave for Representation. If the meeting time set is during working hours and your co-worker needs to be relieved and have coverage; give management their name and the time you agreed to meet. Please try and give management enough time to obtain coverage for your co-worker and yourself, if needed. Find a quiet, secure place to talk. It is hard to interview someone if there are interruptions, phones ringing or noise all around you. 2) Get all of the information you can from your co-worker. There are specific questions we must know from this interview. We have attached a form that is required for this process. The form will also guide you through the necessary questions. You may add or revise any questions depending on your own knowledge. However, removing questions may cause legal issues later in the process. Therefore, we must have ALL the information you can provide. At this time obtain an Authorization to Represent. This authorization is mandatory. Without this signed authorization, we cannot represent the employee. (A generic authorization form is attached to the end of this guide to be filled out and signed. You may also download one from the website.) 3) Request any and all pertinent evidence and documentation. During your interview, you will see the need for all evidence your co-worker can provide. Make sure you have them write a list of what evidence you will need from them and when you will need it. TIMING IS ESSENTIAL. They are also required to write a statement for you as to what happened. They should have any signed witness statements with them. Evidence is very important in deciding whether the issue is a complaint, grievance, EEOC issue or ULP. 12

13 If you require evidence from management as to the issue, make a copy of the Authorization to Represent and request whatever evidence management has pertaining to the issue. You may do this by using this example: A generic example of this would be (attached): To: From: Re: The supervisor The steward The employee representing Pursuant to 5 USC 7114 (b) (4) the union is requesting any and all information used by management as evidence in (the action). The particularized need is of course to fully investigate and ascertain whether this is a grievable issue or not. 4) Review everything. Review everything you have. a) Is there a law, rule or regulation being violated? If so copy it and place it in the file. Note which law, rule or regulation is being violated. (Schools use 62 & 44 BIAM & the contract, the agencies use 370 DM and the contract) Ask yourself Can this be resolved? a. If so how? b. If not, why? Remember most grievances arise from misunderstandings or disputes that can be resolved promptly and satisfactorily on an informal basis at the immediate supervisory level. The Employee and their Immediate Supervisor, or the Management Official who has the authority to resolve the matter, are encouraged to meet to discuss any cause of dissatisfaction in an effort to resolve, prior to raising the issue to a formal grievance. The Union is also encouraged to have discussions with Management in an effort to resolve matters prior to filing a grievance. (Reference your contract Page 54 Section 6.) b) What is your next step? Document your thoughts. Reference your contract (Page 53 & 54) 13

14 Meet with your co-worker and review everything. Make sure you are on the right track. Ensure you have a full understanding of their thoughts and your own thoughts. Is there something you are not seeing? Document the conversation to remind yourself what it is and why. Explain to them what your conclusions are based upon. Determine the next step together. a) Ask if your co-worker wishes to stay active in the process. This could include accompanying you to the meeting with Management, so they may ask questions or dispute comments. Remember, management may try to get you, as the steward, convinced the employee is in the wrong. If the employee doesn t wish to participate, get an affidavit of his/her statement of the issue with their signature and date. b) If you both decide there are no findings and the file is to be closed, both sign and date something to that decision and forward the original file to the Albuquerque office. Keep a copy for your files. 14

15 STEPS TO INFORMAL RESOLUTION OF ISSUES 1) Meet with management with intent to resolve issue. You should advise management in advance of the agenda. Set a meeting time. Don t walk in and expect to be able to discuss an issue. See list of Do s and Don ts at end of guide. Read Tips on Management Meeting. At the meeting time: Do not be late. Be organized. Be ready to discuss the issues. Present your case based on the facts and evidence. Show the evidence gathered. Explain your conclusions. Have copies to give to the supervisor, if possible. Present the issue along with the resolution your co-worker wishes as a remedy. Give management an opportunity to respond. Be open. Be ready to discuss. You may need to take the employee out of the room to discuss any resolutions or alternative settlement. Should Management Disagree? Do not raise your voice. Do not argue. Do not pound the desk or act angry in any way. Agree to disagree. Thank them for listening and trying to resolve the issue. You will now be exploring the formal written grievance. The good news is all the groundwork is done. You now have thorough knowledge of the issue. You probably have an idea as to how to resolve the issue. 15

16 TIPS TO SUCCESSFUL MEETINGS WITH MANAGEMENT Be a good listener during your meeting they might tell you something you didn t know. You want to be listening to hear it. Know your facts. Use a positive, friendly approach. Be calm. Shouting and pounding on the desk has never settled anything. Avoid Personalities. It isn t who is right, it is WHAT is right that counts When you must disagree with what the supervisor says, do so with dignity and respect. Keep an open mind. Don t get upset. Don t make any threats. Try to appeal to management s self interest. Don t horse trade on issues! (Don t give up one issue to get a favorable decision on another. We represent everyone equally.) Stick to the point of your discussions. Don t get sidetracked. Keep written records of all meetings & statements. Take notes. If the issue isn t settled in the informal process then you will need to start a formal grievance. 16

17 FORMAL GRIEVANCES 17

18 Explanation of Grievance, ULP, EEO, Complaint GRIEVANCE: A grievance is a VIOLATION of either the contract, supplementary agreements, federal labor laws, health and safety regulations, rulings, arbitration s, past practice and policies, or employer s own regulations. It is a condition which unfairly imposes a financial, mental or physical hardship on the worker. Unfair Labor Practice (ULP): A federal agency or their representatives may not interfere with employee rights; encourage or discourage membership in a union by discrimination in conditions of employment; sponsor or control a labor union; discriminate against an employee because they have filed a complaint or given testimony; refused to accord appropriate recognition; refuse to consult, confer, or negotiate with the union; fail or refuse to cooperate in impasse proceedings; and attempt to enforce regulations, including agency-wide regulations, conflicting with a negotiated agreement. Example: Management threatens a member for talking to a Union person. EEO; An EEO complaint relates to discrimination by race, color, religion, sex, national origin, age or handicapping conditions. Read page 13 Article 9 of our contract. See your EEO Counselor. This is not a Union issue. COMPLAINT; An issue that DOESN T violate the contract, a ULP, or an EEO. For example: I know my boss doesn t like me because we don t go to lunch together anymore, so I want to file something against them so they will treat me better. YOU MUST HAVE ALL THE FACTS. The cases you will be handling for your members must be based on facts. All facts are important and should be written down. The more background information you assemble the better your chances of winning the grievance. The information you obtained from the informal process is always invaluable. WHAT YOU DECIDE IS IMPORTANT. In many cases what you investigate may not become a grievance, because there are complaints which you cannot resolve. You should decide each case on its own merits and act accordingly. The best Grievance Handler is the one who makes a decision and does not try to pass the buck to someone else. GRIEVANCES MAY BE REAL OR PERCEIVED. We are all human. We come to work with much on our minds. When employees bring you problems, it will be your questions and their answers that will help you decide how real the grievance is or how to solve the problem. Your decision should only be made after careful thought and study. 18

19 It is your task to carefully investigate real grievances. If you are to win, careful consideration of the merits of each case and skillful presentation is essential. KNOW YOUR CONTRACT. Your contract should become as familiar to you as the face in your mirror. Study it and ask questions of those who know the interpretations until you are fully informed. The following information includes checklists on filing a formal grievance. That combined with the information you have already obtained and placed in a file from section two Informal Resolutions, Complaints and Potential Grievances, you should be ready to file formal written grievances on behalf of the membership at your worksite. No one expects you to be a lawyer, experienced field staff or perfectionist. Just file the grievance based on the information and knowledge you have. If you wish, you can forward a draft to your local field representative for their input. We re here to work together and help each other. 19

20 PLEASE PRINT OUT DOCUMENT NAMED: TIMELINE STEWARD MANUAL There are 2 pages to be inserted here. 20

21 Below steps for grievance filing: (Contract pages 52-57) Article 24 Section 7. Procedure Time Frame. The grievance must be received (date stamped) within twenty-one (21) calendar days of the incident or personnel action giving rise to the grievance or within twenty-one (21) calendar days after the date that the grievant could reasonably be expected to be aware of the incident or personnel action. Format: The written grievance must contain the following: a. Employee s Name/Union b. Office, School, or Agency location; c. Telephone number; d. Date of the alleged incident or personnel action e. Description of the facts of the grievance f. Provision of the agreement allegedly violated (if any and how) g. Relief sought by Employee(s) h. Issues to be addressed throughout the grievance process (no additional issues may be added later in the grievance process) i. Employee signature(s) or Union representative s signature with an accompanying letter of designation of representative, and date. Missing Information: A grievance missing any of the above mentioned information will be returned to the Employee/Union who will have five (5) calendar days from the date received to furnish the additional information and return it to Management. Failure to meet time limits will automatically cancel the grievance. Section 8. Step 1 Grievances Workplace Grievances. A formal grievance over a workplace issue shall be filed with the Immediate Supervisor. Disciplinary Grievances (letters of warning, reprimands, suspensions of 14 days or less): A formal grievance over a disciplinary action shall be filed with the next level supervisor or with the lowest level management official with the authority to resolve the issue. The grievance will proceed through the chain of command 21

22 no further than the official that has both proposing and deciding authority on disciplinary matters. Adverse Actions (suspensions of 15 days or more, demotions, etc. and removals). The grievance over an adverse action or removal decision will be filed with the supervisor of the deciding official, unless the deciding official has final authority for removals in their organization. In that instance, the grievance will be filed with the deciding official. If the decision to remove is upheld, the Employee/Union will be notified within 14 calendar days of the decision, at which time they may invoke arbitration. D. Group or Class Grievance: Several grievances filed by different employees over an identical matter may be combined and treated as a single grievance upon agreement of the Employees and the Union. Section 9. Response to Step 1 Management shall issue a final written response to the Employee/Union and Union representative (if designated) within 14 calendar days from receipt of the Step 1 grievance. The written response shall include: 1. Rationale for the decision made 2. Name 3. Title 4. Address 5. Telephone Number of Management 6. Official for the Step 2 grievance. Either party may request a meeting or appropriate conference call be held on the matter. If the grievant does not receive an answer within the designated time limit for the Step 1 grievance, it may be elevated by the Employee/Union or Union representative (if designated) to Step 2. Section 10. Step 2 Grievances If the grievant does not accept the written decision, a Step 2 grievance may be filed within fourteen (14) calendar days of receipt of the written decision to the next level supervisor. 22

23 Section 11. Response to Step 2 Management shall issue a final written response to the Employee/Union or Union representative (if designated) within fourteen (14) calendar days from receipt of the Step 2 grievance. The written response shall include: 1. Rationale for the decision made 2. Name 3. Title 4. Address 5. Telephone Number of Management 6. Official for the Step 3 grievance. Either Party may request a meeting or appropriate conference call be held on the matter. If the grievant does not receive an answer within the designated time limit for the Step 2 grievance, it may be elevated by the Employee/Union or Union representative (if designated) to Step 3. Section 12. Step 3 Grievances If the grievant does not accept the written decision at Step 2, a Step 3 grievance may be filed within fourteen (14) calendar days of receipt of the written decision with the next level supervisor, as appropriate. The grievance will proceed through the chain of command no further than the official that has both proposing and deciding authority on disciplinary matters. Either Party may request a meeting or conference call be held to discuss the grievance. Section 13. Response to Step 3 Management must render a written decision within fourteen (14) calendar days from receipt of the Step 3 grievance. The decision will include the grievant s right to request Arbitration. Section 14. Expedited Grievance Procedure Parties may mutually agree on a case-by-case basis to waive any step of the grievance procedure. 23

24 Section 15. Management Grievances Step 1. Management may file grievances against the Union within twenty-one (21) calendar days of the incident or the date Management could be expected to be aware of the matter. Management shall bring the matter to the attention of the Regional Vice President in writing, with a copy forwarded to the Union President. The Regional Vice President shall render a decision in writing within fourteen (14) calendar days. Step 2. Within fourteen (14) calendar days of the Step 1 decision or non-receipt of the decision, a written grievance may be filed with the Union President by the Bureau Labor Relations Officer or designee. The Union President will render a decision within fourteen (14) calendar days. Section 16. Union Grievances Step 1. If the Union believes Management has violated the Contract, the Union President or designee may file a written grievance with the Bureau Labor Relations Officer or designee within twenty-one (21) calendar days of the incident or the date the Union could be expected to be aware of the matter. Management shall render a decision in writing within fourteen (14) calendar days. Step 2 Within fourteen (14) calendar days of the Step 1 decision or non-receipt of the decision, the grievance may be filed in writing by the Union President to the Bureau Labor Relations Officer. Management will render a decision within fourteen (14) calendar days. Section 17. Time Limits Parties may extend any time limit during any step of the grievance on a case-bycase basis by mutual agreement. Parties will agree to a reasonable extension of the time limits. Failure of the Employee to meet any of the time limits or to request and receive an extension of time shall automatically cancel the grievance, unless mutually agreed otherwise. Failure of Management or the Union to meet time limits or to request and receive an extension of time shall automatically move the grievance to the next step. All time frames in this Article refer to calendar days, unless specified otherwise. 24

25 Section 18. Cancellation Grievances will be cancelled: At the Employee s or Union s request; Upon termination of the Employee s employment with the Agency, unless personal relief to the Employee may be granted after termination of employment; Upon death of the Employee, unless the grievance involves a question of pay, records, leave or retirement; When Management has granted the remedy requested; For failure to meet time limits; When the grievance is resolved. 25

26 GRIEVANCE QUESTIONAIRE The 5 W s WHO: Is involved? Members, supervisor, witnesses anyone who can contribute to your knowledge about the case. WHAT: Really happened? What was the sequence of events? Was there a background of actions that happened before this incident that could have led to this? WHEN: Did It happen? Time, date, etc. Any special significant holidays or such that could be related? WHERE: Did it take place? Location should be identified if possible, if important WHY: Is this a grievance? Or why can it be a grievance? The clause in the contract (or law violated) or the harm done to the member should be spelled out! Without this, there will be no remedy! Now the last but not least W WHOA Double check your answers. Make sure you have all the facts and have them written down. 26

27 KEEP IN GRIEVANTS FILE Page 1 or 2 FOR UNION USE ONLY. INTAKE FORM GRIEVANT INFORMATION Grievant s Name Grievant s Address Street City State Zip Code Work site Street City State Zip Code Home Phone Work # Immediate Supervisor (address & phone) Grievant s Bargaining Unit Code: STEWARD INFORMATION Name Phone # Contact Information (address, etc.) GRIEVANCE INFORMATION Attach Grievance check list and 5 W s, all investigative information, substantiating evidence, any union evidence. WITNESSES OR OTHER S INVOLVED IN GRIEVANCE (contact information) 27

28 Page 2 of 2 REMEDY REQUESTED SIGNATURE OF EMPLOYEE: SIGNATURE OF UNION STEWARD (REP) Please Check One Dues Paying Member: Yes No 28

29 GRIEVANCE TIMELINE FORM Grievance TimeLine Grievant s name: Grievant s job title: Grievant s job location: Address of job location: Phone number of job location (Including area code): Immediate supervisor or deciding official: Immediate supervisor or deciding official s address and phone number (including area code): Article(s)/law/rule/regulation violated: Attach copy of that article/law/rule or regulation. Date of Knowledge: Your name (Steward) Your information (address, phone, how do I (your field representative) contact you?) Is this a workplace grievance? (file with immediate supervisor) Is this a disciplinary grievance? (file with the lowest level management official with the authority to resolve the issue) If this official is the deciding official and the grievance is denied, immediately send the whole file to your staff representative for invocation of arbitration) 29

30 Is this an adverse action grievance? (file this with the Supervisor of the Deciding Official, unless the deciding official has final authority for removals in this area of the organization. If this grievance is denied, skip to invoking arbitration) STEP 1 both OST & BIA, BIE Must be received (date stamped) within (21) twenty-one days from date of knowledge. Authorization to represent must be attached or presented at time of discussion. Grievance must be submitted in writing to be acknowledged as a step 1 grievance. Any previous discussion is informal. Step 1 is a formal grievance. Date Grievance filed or discussion took place: Copy of written grievance attached, or notation of what transpired in meeting attached Name of supervisor grievance filed with or meeting held with: Date written decision due: BIA, BIE must be within (14) fourteen calendar days after grievance filed. OST must be within (12) days. Date written decision received (attached): Result of step 1 grievance: resolved not resolved, sent on to 2 nd step Written decision not received, grievance sent to 2 nd step. Withdrawn or closed (Reason attached) STEP 2 BIA, BIE must be filed within (14) fourteen calendar days of first step response or date response due and no response received. OST has (21) twenty one calendar days to file at 2 nd step. Date 2 nd step grievance filed: (attach copy) Official grievance filed with: Address and phone number: Date of discussion (if any): 30

31 Step 2 response due: BIA, BIE response due (14) fourteen calendar days from date filed by the union. OST response due within (12) twelve calendar days. Result of Step 2 grievance: resolved not resolved, sent on to 3 rd step Written decision not received, grievance sent to 3rd step. Withdrawn or closed (Reason attached) STOP NOW!!! Wrap everything up at this point. Send to your Field Representative. Keep a copy for yourself for reference, and in case of questions etc. OST Arbitration must be invoked by your field representative now. BIE/BIA a 3 rd step grievance is the next option. STEP 3 BIA/BIE only Remember if you have filed this grievance with the deciding official, arbitration must be invoked and this file must be sent to your staff representative. If, on the other hand, there is another level of supervision yet to go, then DO file Step 3. Must be filed within (14) fourteen calendar days of second step response or date response due and no response received. Date 3 rd step grievance filed: (attach copy) Official grievance filed with: Address and phone number Date of discussion (if any): Step 3 response due: Response due (14) fourteen calendar days from date filed by the union. Result of Step 3 grievance: resolved not resolved, arbitration invoked Written decision not received, arbitration invoked Withdrawn or closed (Reason attached) 31

32 ARBITRATION Not all grievances are arbitrated. You must invoke arbitration though if the grievance has not been resolved or answered. Letter invoking arbitration filed: (attach copy) Official letter filed with: Address and phone number Request to arbitrate sent to the Albuquerque office for review and submission. 32

33 EXAMPLES OF EXTENSIONS OR REQUEST FOR INFORMATION Example #1 Request for information. Should be done immediately. Example #2 Request for extension of time. Should be done before time runs out. o This request may or may not always be granted. Example #3 One type of grievance Example #4 Second type of grievance REMEMBER Grievances may be written in many different ways. Find your own style. There is no right or wrong way. If you are unsure, contact FISE staff at any time. 33

34 EXAMPLE #1 Federation of Indian Service Employees Local #4524/AFT, AFL-CIO 2309 Renard Blvd SE, Suite 202 Albuquerque, NM Date Manager to Whom Request is Being Made Formal Address Formal Address Re: Employee s Name, Position Title, Grade Dear Manager s Name: Pursuant to 5 USC 7114 (b)(4), the Indian Educators Federation hereby requesting the following the information, which is necessary and fills a particularized need. The Union needs information concerning Information needed: 1. Any and all documentation, including Dr. Statements, leave requests (approved and denied). 2. Copy of memorandum (memo date) referred to in 2 nd paragraph of proposal to remove 3. A signed paper that shows employee was given training to do assigned tasks a. Copy of work assignments and written instructions given to Employee b. Copy of intensive one-on-one training and guidance provided late March/early April Please provide the information to the above address within 10 days of your receipt of this request. As always you are welcome to call me at the phone number above or toll free (888) In Solidarity, Remember to sign Your Name Typed FISE Worksite Steward 34

35 Example #2 Federation of Indian Service Employees Local #4524/AFT, AFL CIO 2309 Renard Place SE, Suite 202 Albuquerque, NM (505) , Fax (505) Today s Date Manager to Whom Date Request was Sent Formal Address Re: Request for Extension The Union requests an extension of 10 days to respond to the proposal to remove concerning Employee s Name pending receipt of requested data. In Solidarity, Your Name, FISE Union Representative/Steward 35

36 Example #3 EXAMPLES FOR GRIEVANCES Open the grievance as you would any letter Date Supervisor s name and position Agency or worksite name Address City, State Zip Dear, 1) Describe your grievance. Example: This letter will serve as a first step grievance to the letter of reprimand dated March 12, 1999 presented to: 2) Grievant: employee name (Joe Smith) Position, and Worksite example: Heavy equipment operator, WG /07, ENA P O Box 328 Crownpoint, NM ) Date of alleged incident: if the date of the incident and the date of knowledge are different, notate that. Date of incident: date of knowledge and why the date of knowledge is different. Example.I received my wage and earnings statement on, therefore, I had no knowledge of the AWOL until I received the statement 4) Description of the facts of the grievance: actually take the issue Paragraph by paragraph. Quote it then answer each allegation. (Have your proof ready and copies attached to the grievance) 5) Provision of the agreement, law, rule or regulation violated: A few examples are: We charge management with violating the following: 62 BIAM 11.77D (2) Gathering, analyzing and carefully considering all facts and circumstances before taking or recommending disciplinary or discharge actions and assuring that efforts are made to minimize the impact of non-disciplinary discharges. Also, 62 BIAM D et.al, The specifics of a charge will be described in as much detail as possible, after conducting an in depth investigation to obtain and document the offense with as much specificity as possible. Or According to the 370 DM 752 B. Standard for Taking Action. Management must be able to show that the actions taken under this chapter promote the efficiency 36

37 of the service. To demonstrate this, the written notices of proposal and decision must clearly specify the charge(s) or reason(s) upon which the action is based, be able to prove the specific basis for its action by a preponderance of the evidence, be able to show the connection ( nexus ) between the charge(s) and promotion of the efficiency of the service, and be able to establish the reasonableness of the action taken under the circumstances. Example: On the second portion of this letter of warning, I submit that actually two items have been violated at this time. 62 BIAM 11.77B and 62 BIAM 79D et.al. Another example We believe management has failed the show through a preponderance of evidence the nexus between the charge and the promotion of the efficiency of the service. 6) Resolutions I request that this letter of warning be removed from the employee s SEPF files. That the employee remain free of restraint, interference, coercion, discrimination or reprisal in presenting this grievance. This employee must be made whole. Please respond to me as I am representing in this grievance procedure: your information, where do you want the response to be provided to you? Your name & title Attachment: Signed authorization to represent (Evidence if any) XC: file (always make a copy for file) 37

38 EXAMPLE #4 FEDERATION OF INDIAN SERVICE EMPLOYEES Local #4524/AFT, AFL-CIO 2309 Renard Blvd SE, Suite 202 Albuquerque, NM Today s Date VIA FACSIMILE ONLY Daisy Duck, Superintendent Rez Agency P.O. Box 0000 Anywhere, USA Dear Daisy, RE: Goofy Jones, Fry Bread Specialist, GS 0/1 Please be advised that I represent Mr. Goofy Jones (attachment {Auth to Rep}). This is the first step grievance in the Notice of Reprimand, issued to Mr. Jones on date by his supervisor. This grievance is pursuant to the Negotiated Agreement, Article 24, Grievance Procedure effective March 26, The effective date for this action is Date on Action received by employee, therefore this grievance is timely. Issue(s) to be Addressed by this Grievance: 1) Lack of supervisory inquiry into incident related mitigating circumstances 2) Supervisory bias in issuing penalty Law, Policy or Provisions of Agreement Violated: 1) 370 DM A. Determining the Facts 2) 370 DM D.1 Determining Appropriate Action 3) 370 DM D.2 Determining Appropriate Action 38

39 Facts of the Case: The incident cited occurred on Date of Incident between Mr. Jones and his coworker, Mr. Mouse. According to documentation received from the supervisor of both employees, Mr. D, he talked with and eventually received a written statement about the alleged incident from Mr. Mouse. On date of incident, Mr. D approached Mr. Jones in his shop and said that Mr. Mouse had written a complaint about the alleged incident, describing that Mr. Jones had thrown a finger at him and called him a Bad Name. Mr. Jones responded that he had no idea what he was talking about and submitted that signed statement to Mr. D. Mr. D told Mr. Jones that a report about the alleged incident would be sent to the Regional office in Lala Land. On a date (2 weeks later), Mr. D again approached Mr. Jones and gave him the official Notice of Reprimand. Mr. Jones refused to sign the page indicating receipt of the letter, and told Mr. D that he had not heard his side of the story. Mr. D replied I don t want to hear it. I wasn t there. I have nothing to do with it. Mr. Jones states that on the date of the alleged incident, as he walked out of the shop he saw Mr. Mouse driving by, looking real mean at him. As his truck window was closed, Mr. Jones raised both hands up and out to his sides to indicate What?. As Mr. Jones continued around his service truck, Mr. Mouse stopped his vehicle next to him, rolled down the window and stated that he did not like that. When Mr. Jones asked him, What?, Mr. Mouse replied that he gave him the finger. Mr. Jones response was to hold up both hands, and asked him Which one, I have ten of them?. Mr. Jones then walked away. Had the supervisor had a full discussion with Mr. Jones about the incident, on the date when it occurred, based on the information received, it is my opinion that he would have determined that both employees were equally at fault and behaving like small children on a playground. Mr. D failed to fully investigate the alleged incident before issuing the Notice of Reprimand. This is a direct violation of 370 DM A Determining the Facts When necessary, the employee who is alleged to have committed the offense and any other persons who may have pertinent information about the case should be interviewed and signed statements obtained as appropriate. Information will be developed impartially, and a reasonable effort will be made to reconcile conflicting statements by developing additional evidence. Mr. Jones has occupied this position for 12 years and has only received a letter of warning, which should have been expunged from his file after one year, but was submitted to the Union as a part of the document request. This action directly violates 370 DM D(1) Determining Appropriate Action. After determining the facts in a case, any extenuating or mitigating circumstances which may have some bearing on the situation, including past record, should be considered in determining the proposed action. In a telephonic interview with 39

40 Mr. D on date after issuance of Letter, he stated that Mr. Mouse cannot get along with any of the crew, in addition to Mr. Jones. This is a direct violation of 370 DM D(2) Determining Appropriate Action. Servicing personnel offices will also assure, prior to taking any specific disciplinary actions that, a proposed action is not based on discrimination or other prohibited reasons. Relief Sought By the Employee: 1) Rescind Letter of Reprimand in its entirety and expunge any and all reference to it from his OPF. 2) Afford, Mr. D supervisory training and training on treating all employees under his supervision fairly and equitably. Mr. Jones must be free of restraint, interference, coercion or retaliation for exercising his rights under the Negotiated Agreement and the law. Thank you for your assistance with this matter. Do not hesitate to contact me if you have any questions or concerns. Sincerely, Your name FISE Union Rep/Steward Cc: Mr. Jones File 40

41 DO S AND DON TS OF BEING A STEWARD Do use the 5 W s questionnaire for every potential grievance. Do fully fill out the grievant information sheet and grievance checklist (just because you know and can contact the grievant, doesn t mean we can). Do start a file and keep all information in the file for each grievance. Do copy the law, rule or regulations used in your grievance in the file for immediate reference. Do attach the authorization to represent with your grievance when you file it with the supervisor or deciding official. Do always request and receive any and all substantiating evidence management has and keep this in the grievance file also. Do ask questions if you are not sure, sometimes even when you are sure. Don t assume anything, ask and be sure. Remember if it s not in writing it does not exist. Don t be afraid to ask, communicate and overall just throw ideas off your staff representative, other stewards and the member you are working with. Don t assume you know everything, no one does. Don t guess! If you do not know, ask. Don t ignore any information. All information is important. Don t be afraid. Don t get intimidated. If you feel any intimidation, get another person to assist you, ask for help. Don t quit. Don t ignore: 1. A potential grievance (they do not go away). 2. A complaint (they only get worse). 3. A notification of a change (A notification of a change even verbal by your employer (management has assumed that this is enough notification. Don t get caught up in a mess. Call the Union.) 41

42 Don t be afraid to make mistakes. Everyone does. Most of all enjoy being a Steward. Pat yourself on the back and know overall you DO MAKE A DIFFERENCE. 42

43 All Elected Union Officials Recruiter Role of Union Officials a. Develop, communicate and participates in a recruiting plan. b. Welcomes and befriends new employees. c. Actively recruits new employees and other non-members. * Organizer a. Promotes Union programs and the principles of Unionism. * b. Develops a spirit of solidarity and pride within the work force. c. Consolidates the energies and activities of the workers to achieve the Union s objectives. Leader a. Defends the co-worker against the insensitivity, arrogance and reprisals of management. b. Promotes dignity of the worker. c. Inspires the members to get involved in actions intended to make a positive change at the workplace. d. Speaks on behalf of the members all members. e. Represents membership to the best of his/her ability. * f. Publicly promotes and works for the Union s goals. g. Promotes respect for the members. h. Fights anti-union attitudes. Educator a. Explains the Union s objectives to bargaining unit employees. b. Informs members of their rights. * c. Informs members of available support services in the community. d. Discusses with and interprets for Union members issues which affect their welfare and career, e.g., pending legislation. *If concentration is applied to these items, the best interest of the Union and your Union position will be upheld. This is only a guide; it is not all inclusive of the positions held by Union Officials. 43

44 Grievance Handler a. Enforces the contract. b. Defends the rights of all bargaining unit employees. * c. Monitors and strives to improve working conditions. d. Attempts to resolve grievances within the Union s jurisdiction. Communicator * a. Serves as a two-way communications link between the Union and its members. b. Serves as a two-way communications link between management and employees. c. Communicates the members views to the Union s Board. d. Informs members of the Union s policies, decisions and activities *If concentration is applied to these items, the best interest of the Union and your Union position will be upheld. This is only a guide; it is not all inclusive of the positions held by Union Officials. 44

45 DOUGLAS FACTORS Mitigating/Aggravating Factors 1. The nature and seriousness of the offense, and its relation to the employee s duties, position, and responsibilities, including whether the offense was intentional, technical or inadvertent, was committed maliciously or for gain, or was frequently repeated. 2. The employee s job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. 3. The employee s past disciplinary record. 4. The employee s past work record, including length of service, performance on the job, ability to get along with fellow workers and dependability. 5. The effect of the offense upon the employee s ability to perform at a satisfactory level and its effect upon supervisors confidence in the employee s ability to perform assigned duties. 6. Consistency of the penalty with those imposed upon other employees for the same or similar offenses. 7. Consistency of the penalty with the applicable agency table of penalties. 8. The notoriety of the offense or its impact upon the reputation of the agency. 9. The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question. 10. Potential for employee s rehabilitation. 11. Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, bad faith, malice or provocation on the part of others involved in the matter 12. The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. 45

46 How to hold A Union meeting!! 46

47 As a steward at your worksite, you are the eyes and ears for the union and your membership. It is a great habit to get into to hold monthly union meetings. Here s a guide to assist you with this. Communication is the key to a good union presence at each and every worksite. Without it, we can be manipulated and lose sight of our rights as union members! 1. Pick a day (example the 3 rd Thursday of each month) to hold union meetings. 2. Decide on what kind of meeting to have. (examples are) i) Union member s only ii) All staff iii) Pot luck introduction and training iv) Bring a friend and learn about the union v) Hot issues and topic here and now at our worksite 3. Prepare an agenda (just a guide so the meeting doesn t become a gripe session without shape or form) 4. Ask others for their input and assistance 5. Post notices 6. Have FUN!!!!! Other techniques or suggestions for meetings: Pick a section of the CBA, read and discuss it using your worksite and how it affects you. Ask for other member s input on what they would like to see or talk about Ask experts to join you and present information 47

48 APPENDIX 48

49 Print out file called: SF1187 NEW MEMBER FORM Add here. 49

50 2309 Renard Place SE, Suite 202 Albuquerque, NM AFT.ORG Authorization For Representation I hereby authorize of the Federation of Indian Service Employees to represent me and to obtain any information pertaining to my employment he/she deems necessary, including but not limited to payroll records, personnel actions, and/or any document contained in my permanent personnel file or supplemental personnel file. Signature Date Printed Name SSN DOB 50

51 Indian Educators Federation (IEF) has changed its name to reflect membership: FISE Federation of Indian Service Employees Web site: FISE-AFT.ORG Contact your local steward to join Office Hot line: Toll Free: Fax:

52 Weingarten Rights Weingarten Rights are the rights of a worker to union representation when being questioned by management on a matter that could result in disciplinary action. The workers must ask for such representation; the employer is not required to tell the worker of his/her rights. The term derives from a 1975 U.S. Supreme Court decision. BUT YOU, AS THE EMPLOYEE, NEED TO INVOKE YOUR RIGHTS, I.E., YOU MUST INFORM YOUR SUPERVISOR THAT YOU NEED YOUR UNION REPRESENTATIVE TO BE PRESENT. PLEASE NOTE, the Federal Government acknowledges that unions are needed by workers. 52