BUILDING THE UNION ON THE JOB · Group discussions and questions should be encouraged by the ......
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BUILDING THE UNION ON THE JOB STEWARDS’ TRAINING INSTRUCTOR’S MANUAL Communications Workers of America Revised 1/2010
Transcript of BUILDING THE UNION ON THE JOB · Group discussions and questions should be encouraged by the ......
BUILDING THE UNION ON THE JOB
STEWARDS’ TRAINING
INSTRUCTOR’S MANUAL
Communications Workers of America Revised 1/2010
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TO THE INSTRUCTOR This Instructor’s Guide has been developed to accompany the
materials in the CWA Steward’s Resource Manual. Before presenting
the material for the first time, you should read through all the
materials at least once. Allow yourself at least one full day to prepare
for the first class. Highlight and make notes to yourself in the
instructor’s manual. You should not read to the participants from the
manual—it’s not intended as a script, but rather as a guide. You
should feel free to add materials and revise the exercises and
materials to better meet the needs of the stewards in your area.
Ordering Materials for Class Check in advance to be sure that you have all the manuals and
materials you will need. If you need more manuals, you can order
them from the CWA Education and Training Department at 501 3rd St.
NW, Washington, DC 20001-2797. Allow 2-3 weeks for delivery.
Please use form H-55 to order materials. Note: there will be a charge
per manual.
Allowing Enough Time There is a lot of material in the Stewards’ Manual. A recommended
course schedule with session lengths is included in this Instructor’s
Guide. Group discussions and questions should be encouraged by the
instructor. Keep track of your time and do not drag out a session—
keep a good pace so that everyone remains alert and challenged.
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MATERIALS NEEDED FOR TRAINING Materials for Instructor
1. Instructor’s Manual and Stewards’ Resource Manual
2. Videos and DVDs
a. Compilation DVD: CWA Making a Difference - Leon Adair,
Alexia McCaskill, Mary O’Melveny, etc.
b. Funny Shorts
3. DVD Player + T.V. and/or monitor
4. Flip Chart, markers and tape
Materials for Participants
1. Stewards’ Resource Manuals
2. Copies of course schedule
3. Copies of Participant Reaction Form (page 51)
4. Copies of Local bylaws (have a sample or ask participants to
bring them)
5. Copies of CWA Constitution
6. Copies of contract (participants should bring theirs)
7. Local/District forms
a. Grievance Form
b. Statement of Occurrence
c. Waiver
d. Etc.
8. Tent Cards
9. Loose Leaf Paper
10. Certificates—Completion of Training
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STEWARDS’ TRAINING AGENDA
Day 1
Introduction and Overview of the Course (30 min.) 9:00 am
– 9:30 am
Chapter 1 The Role Unions Play (40 min.) 9:30 am –
10:10 am
a. Exercise and discussion
b. CWA Triangle
Chapter 2 The Union Structure (20 min.) 10:10 am –
10:30 am
a. Video CWA Making A Difference
b. CWA International Structure
c. Local Union Structure
d. CWA Constitution and Local Bylaws
e. Where Our Union Dues Go
Break (10:30 – 10:45)
Chapter 3 The Job of the Steward (45 min.) (10:45 am –
11:30 am)
a. Your Job as Steward: exercise and discussion
Chapter 6 Problem Solving/Grievances (3 hrs. 20 min)
a. Exercise: Characteristics of a Positive Organization (30
min.) (11:30 am – 12:00 pm)
Lunch (12:00 pm – 1:00 pm)
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Show 1 “Funny Short” Video b. Steps in Your Grievance Procedure (40 min.)
c. Two Basic Kinds of Grievances (15 min.)
d. Exercise – How to Approach a Grievance (30 min.)
e. Video – Leon Adair (30 min.)
Break (3:00 pm – 3:15 pm)
f. Exercise – Short Problem Solving Situations (40 min.)
g. Steps for Resolving Workplace Problems/Grievances (15
min.)
Chapter 5 Stewards’ Rights/Employees’ Rights (80 min.)
(4:10 pm – 5:30 pm)
a. The NLRA and Public Workers Laws
b. The Special Status of Stewards
c. Duty of Fair Representation—Fairness and Equality
d. Union Representation During Employee Interrogation
e. The Rights of Steward in an Investigatory Interview
f. Employee’s Right to Union Representation
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Day 2
Review of Day 1 (15 min.) (9:00 am – 9:15 am)
Chapter 4 The Contract (1.5 hrs.) (9:15 am – 10:45 am)
a. The Past Informs the Present
b. Exercise: Contract Questionnaire
Break (10:45 am – 11:00 am)
Chapter 7 FMLA (45 min.) (11:00 am – 11:45 am)
a. Video—FMLA
b. Exercise: FMLA Situations
Chapter 8 ADA (30 min.) (11:45 am – 12:15 pm)
a. Video—ADA
b. Exercise: True/False
Lunch (12:15 pm – 1:15 pm)
Show 1 “Funny Short” Video
Chapter 9 Writing the Grievance (30 min.) (1:15 pm –
1:45 pm)
a. Local Grievance Form
b. Ten Points on Writing a Grievance
Chapter 10 Grievance Meeting with Management (45 min.)
(1:45 pm – 2:30 pm)
a. Exercise: Scenarios
Wrap Up—Thoughts on the Future and Feedback (30 min.)
(2:30 pm – 3:00 pm)
a. Reminder to look at Mobilizing Chapter 12
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INTRODUCTION AND COURSE OVERVIEW (30 min.) Opening: Welcome the participants into the ranks of Local union
activists. Explain the vital role that the steward plays. The only
contact many CWA members have with the union is through the
steward; the image of the union is often defined by the steward’s
actions.
Introductions: Tell the participants that you would like to open up
the stewards’ training by giving each participant an opportunity to
introduce another member of the class.
Instructions:
1. Divide into pairs. The pairs should not know each other.
2. Ask each participant to interview their partner and find out the
following (write these on the board):
a. Name
b. Employer & Job Title
c. Why they want to be a steward
d. What they want to get out of the class
e. Any personal information they choose to share (children,
hobbies, etc.)
3. Explain that they will introduce their partner to the rest of the
group after the interview.
4. Allow 5-10 minutes TOTAL. Do not allow this to drag on
because there is a lot of material to cover.
5. Bring the group back together. Begin the process by
introducing yourself to the group. Answer the questions you
have listed on the board so that the group knows what you
expect them to do. Share with the participants the different
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leadership roles/positions you have held in CWA, when you first
got involved as a steward and what you think about your union
experience.
Course Overview: Review with the participants the following items:
1. Housekeeping
a. Time sessions will begin and end
b. Breaks—lunch, dinner, other
c. Locations of restrooms
d. Location of emergency exit
2. Distribute and review the “Stewards’ Training Agenda.” A
sample agenda is included in the Instructor’s Manual
3. Review “How to Use this Manual” and “Goals of the Training” on
page 7 in the participants’ manual.
4. Encourage participants to ask questions throughout the training.
Emphasize that there is no such thing as a stupid question and that we’ll be having conversations throughout the 2 days.
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THE ROLE UNIONS PLAY (40 min.)
Chapter 1. Ask participants to turn to Chapter One in their manuals
and quickly jot down their answers to questions 1 – 3 on
page 9. Then, ask for volunteers to share their answers,
in order:
Q1. What do workers want and need from their
jobs? (Give 4 examples)
i. Responses may range from the
obvious--such as money, healthcare,
and a retirement plan—to respect,
recognition or a feeling of
accomplishment.
Q2. Why is a union (as compared to an individual
worker) more effective at obtaining the needs
listed above in question #1?
i. Possible responses include:
1. The right to bargain collectively
2. Power in numbers (one worker
is no match for employer
power)
3. Historic struggles for justice on
the job
Q3. What groups oppose unionization and work to
decrease the percent of workers in unions and
covered by collective bargaining agreements in
the US? How do these groups benefit from
having fewer and fewer workers in unions and,
therefore, fewer covered by collective
bargaining agreements?
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i. Possible responses include:
1. National Right to Work
Committee
2. Chamber of Commerce
3. CEO’s
4. Conservative Pro Business
Republicans
Q4. Divide class into smaller groups of 3 – 4 and
give them 10 minutes to discuss answer to Q4.
What factors contribute the most to CWA’s
strength at the bargaining table? Note to
Instructor: The point of this exercise is to lead
a lively discussion; push participants to explain
their choices. The answers selected are not
important; it’s the discussion of factors and
sources of power. This is a good time to point
out successful District/Sector/Strategic
Industry Fund campaigns and contract
mobilization campaigns.
CWA Triangle – Page 12 Review the CWA Triangle and explain that this is how we view our
work in the Union.
Mention an organizing drive or recent victory in your District/Sector
and why it was important for CWA members.
Mention a political and/or legislative victory in your District/Sector
and why it was important for CWA members.
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THE UNION STRUCTURE (20 min.) Chapter 2. Opening: explain to the participants that they are not
alone. Experienced active union members in the local are
available to help them—members just like themselves who
have volunteered their time and gotten involved with the
Union over the years.
Play CWA Making A Difference video
1. CWA International Structure: Ask participants to turn to
Chapter Two in their manuals and review the CWA Structure
BRIEFLY (5 min.). Point out that they can make copies of these
and other pages in the manual to give to workers when they need
to explain the union’s structure and governance.
2. CWA Local Union Structure: Ask participants to turn to the
section in Chapter Two “Your Local Union Structure” page 19 that
contains blanks. Have the participants attempt to fill in the blanks
about their local’s membership, Stewards Army, Local Committees,
etc. Allow 2 minutes.
Ask a few participants to share Local structure so they get a
sense that Locals come in different sizes. If only one Local is
attending, then ask several participants for answers and write
them on the board. If participants don’t know any of the
answers suggest they talk with a local officer to get a better
overview of the Local.
3. CWA Constitution and Local Bylaws: Distribute a copy of the
CWA Constitution and briefly review. Point out that on page 20 in
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their manual is space for notes on Bylaws and the CWA
Constitution.
Items to Highlight in the Constitution:
The Objects - Article III
Locals – Article XIII (Particularly Sections 9 –
Authority, Duties & Obligations of Locals)
Collective Bargaining – Article XVII
Have participants take out copy of Bylaws and briefly review.
NOTE TO THE INSTRUCTOR: You don’t need to spend a lot of time on
the bylaws. . .just enough so that the new steward understands the
concept of bylaws and that they are voted on by the membership and
are essential for good governance in the local.
Items to highlight in the Bylaws:
i. Local Bylaws are the rules by which the local conducts its
business
o Rights and responsibilities of members, stewards and
officers
ii. Democratic election of officers by members
o Length of term
o Secret balloting
o Nomination procedure
o Etc.
Requirements for stewards
Delegates
Other items
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4. Where Our Union Dues Go: have participants turn to “Where
Your Union Dues Go” in Chapter Two, page 17 of their manual.
Review dues structure and stress Stewards should be able to
explain how dues money is calculated and used.
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THE JOB OF THE STEWARD (45 min.) Chapter 3. Exercise:
Opening: Explain that you now want to discuss the job of
the Steward.
o Divide participants into teams of 2-3 persons each.
Allow teams 10 minutes to answer the four questions
on page 23 in Chapter 3 “Your Job as Steward:
Organize and Problem Solve.”
o When the time is up, go over responses. Write
participants’ responses on the
blackboard/whiteboard/easel. Encourage discussion
and questions. Ask participants why the steward
needs to know these things. Why does the steward
need these materials? Why is it important for the
steward to do these things?
Note to Instructor: The most effective teaching does not occur
through lecture. Instead of telling the class something, try to get the
participants to tell you why it’s important. For example: why is
getting to know the supervisor important? Questions are the
instructor’s most valuable tool for leading discussion and keeping the
class alert.
Sample Responses
(If participants don’t offer these answers, you should ad to list)
What the Steward Does:
o Solves workplace problems
o Gets members involved in Union
o Keeps members informed
o Enforces the contract
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o Signs up New Members
o Attends Stewards and Membership meetings
o Educates members about COPE and signs them up
What Steward Needs to Know
o The Contract
o The Jobs
o The Workers
o The Supervisors
o Employer Policies/Personnel Manual
o Chief Stewards/Local Officers
What Materials The Steward Needs
o The Contract
o Names and contact information of workers in Jurisdiction
o Grievance Forms
o Seniority List
o Membership Cards
o COPE Cards
The Steward’s Responsibilities
o Get to know co-workers, supervisors, fellow stewards
o Listen to employees
o Keep an open mind – evaluate each case on its facts
o Avoid favoritism – set standard for fairness
o Vigorously enforce the contract
o Investigate employee problems and try to resolve on
informal basis
o Report back to employees on status of problem
o Keep members informed on Union activities and priorities
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o File formal grievances
o Orient new employees to Union and sign them up
Closing: Reassure participants that they are not expected to know all
these things or to become experts overnight. With time and
experience they will become experts on the contract as well as the
issues and problems of those they represent. Until then, others in the
Union will assist them.
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Chapter 6. PROBLEM SOLVING/GRIEVANCES (2.5 hrs.)
Opening: Remind the participants that the steward has 2
main jobs: a) organizing or unionizing the workgroup and
b) problem solving. Tell them that the class has spent
time discussing the organizing portion of the job (listening,
informing, involving members and signing up new
members) and now you want to deal with the problem
solving part of the job. In this section, we will discuss the
characteristics of a positive organization, review different
strategies that stewards may use to solve workplace
problems. Additionally, let them know you will provide the
participants with a simple 6-step problem-solving model
that they can use to approach issues. Lastly, you will
cover several short scenarios and ask them how they
would handle them.
Exercise/Discussion:
Ask participants to turn to Chapter 6, page 43, and go over
Questions 1 – 4
Q1. Characteristics of a Positive Organization (30
min)
Before beginning to talk about problem-solving and
grievance-handling, explain that you want to spend a
few minutes discussing characteristics of
organizations that they have belonged to that made
them feel good about being a part of the
organization.
Think about different organizations: whether it
is a religious group, a community group, the P.T.A.,
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Sport team, Boy Scouts, or the union. What about
the organization made you feel most proud. What
characteristics of the organization made you feel
good about being a member?
o Possible Responses (write on a flipchart):
a. Understood mission/goal
b. Felt listened to
c. Was involved in creating and
implementing action plans
d. Felt I was making a contribution
e. Felt the organization made a real
difference
f. Saw that the decision-making process
was clear and transparent
g. Realized people were kept informed
h. Had fun
Explain that, in order to build the union in our
workplace, our co-workers must see the union in a
positive light. They should feel the things that we
just wrote up on the flipchart/whiteboard. The
steward must work to make the union the kind of
organization that people feel good about. The
Steward’s job is to unionize the workplace and
engage members in the union.
Q2. What is the purpose of the negotiated
grievance procedure?
A. Ask participants to think about the
fundamental reasons why we negotiate for a
grievance procedure.
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B. Write down answers on a flip chart and
encourage participants to write their thoughts
in their manual.
Q3. What do workers in non-union workplaces do if
they have a grievance?
A. Write down the participants’ answers on a flip chart.
Q4. What can be the result, over time, if the
contract is being violated and no one ever
grieves the violation?
B. Write down the participants’ answers on a flip
chart.
The Grievance Procedure – Page 52 (40 min.)
A. Ask participants to take out their contracts and turn
to the section on the grievance procedure.
B. Divide the participants into 3 or 4 groups (by
contract) and ask them to fill out the chart on page
50 in their manual titled, “Your Grievance Procedure”
in Chapter 6.
C. Give each group a flip-chart page and marker for
writing each step. Allow 20 minutes.
D. When the time is up, tape each group’s easel sheet in
front of the room and review each set of answers.
(20 min.)
E. Underscore the importance of not missing time limits.
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Two Basic Kinds of Grievances – Page 43 (15 min.)
A. Explain to participants that there are two major kinds
of grievances: 1—disciplinary and 2—all others.
B. Explain what you mean by a disciplinary grievance
(suspension, termination, etc.) and all others
(promotion denial, discrimination, overtime
equalization, etc.).
C. Explain that it is important to know what kind of
grievance they are dealing with because the
approach and strategies are different for both.
D. Have participants turn to “Two Basic Kinds of
Grievances” in their manual (page 43) and review
characteristics and what steward needs to
determine/prove for each.
I. Disciplinary Grievances
Characteristic: 1) Employer initiated
2) Employer has burden of proof
3) Employer must meet “just cause”
standard
Steward Must:
1. Determine if “just cause”, see page 46
2. Determine if progressive discipline used
3. Determine if desperate treatment exists
4. Weigh years of service
5. Determine if discipline too harsh, see page 56
6. Get facts to support position – 5W’s
II. All Other Grievances
Characteristic: 1) Union or employee initiated
2) Union has burden of proof
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Steward Must:
1. Prove contract violation and/or
2. Prove violation of past practice and/or
3. Prove violation of fair treatment (discrimination)
and/or
4. Prove violation of Federal, State or Municipal law
and/or
5. Prove violation of employer rules
6. Get facts to support position – 5W’s
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Exercise: How to Approach a Grievance – Page 50 A. Give participants 5 minutes to answer questions on
page 50
B. Review answers
1. Answer: Disciplinary Grievance. Key questions
include:
“Was progressive discipline used?”
“What reason did management give?”
“Was there ‘just cause’?”
2. Answer: Other Grievance. Key questions
include:
“Did desperate treatment exist?”
“What reason did management give?”
“Was the process in the contract followed?”
3. Answer: Other Grievance: Key questions
include:
“What reason did management give?”
“Did disparate treatment exist?”
“What were the years of service and past work
record?”
4. Answer: Disciplinary Grievance. Key questions
include:
“What reason did management give?”
“Was there ‘just cause’?”
“Was progressive discipline used?”
5. Answer: Disciplinary Grievance. Key questions
include:
“What reason did management give?”
“Was there ‘just cause’?”
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“Was progressive discipline used?”
“Was the discipline imposed too harsh?”
Show Handling Grievances video with Leon Adair.
A. Ask participants to turn to page 45. Read questions
out loud and ask them to think about them while
watching the video
B. Show video and pause when prompted
C. Go over questions
Exercise: Short Problem-Solving Situations – Page 53
Ask participants to turn to the “Short Problem-Solving
Situations” on page 53 in their manuals. Read each situation
out loud and ask the class the questions that follow each
situation. You can also divide the class into groups for this
exercise.
Questions & Answers for the Instructor
Q1. Tyree Lewis, a member of Local 100, has been put
on a final warning status for “Low Sales Quotas.” He
contacts his steward, Marilyn Jackson, who tells him,
“Don’t worry. Your supervisor does that to
everybody. It’s no big deal! I’ll take care of
it...forget about it.” Tyree feels much better after
talking to her. He knows the union will take care of
everything.
Do you anticipate any problems Marilyn may run
into? What would you have said to the member?
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While there are a lot of acceptable ways to answer this
question, it’s important to emphasize that Marilyn’s answer
could result in Tyree believing his job is safe. There is an
investigation to do and a grievance to file to determine if
the company’s “low sales quota” is reasonable, the
expectations were made clear, and any deficiencies are
fairly documented.
Q2. Edgar Freerider just received a three-day
suspension. Freerider is not a member of the union
and has, on many occasions, said nasty things about
CWA. He is not well-liked by his co-workers.
Freerider comes to you, the union steward, for help.
What do you do?
Should the union take on Freerider’s case? It has a duty
to investigate and determine the “merits” if the problem is
a legitimate grievance. In this case, was there just cause
for the suspension?
Because the union has a contract with the employer, it is
the exclusive bargaining agent for the workers in the
union. If Freerider is a member of the unit, the union has
a duty to examine his case regardless of his non-member
status. Failure to do so violates the duty of fair
representation. This duty requires the union to consider
each case “on the merits,” to not act arbitrarily or in bad
faith with regard to membership status, race, sex, or
religion.
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Does this mean the union has to take every case
including Freerider’s? No. The union can decline at any
stage so long as it acts in good faith. It might decide, for
example, not to present a grievance to the next step given
the likelihood of success. Perhaps new evidence has
turned up that change the nature of the case. So long as
the union has conducted an investigation and made a
thoughtful analysis, such decisions are based on the merits
and do not violate the duty. Just because Freerider is
unpopular doesn’t mean the union shouldn’t investigate.
The steward is duty-bound to make a good faith
determination and document accordingly.
Members may gripe about the union’s role in assisting
Freerider. The steward can take the opportunity to
patiently explain to members the union’s legal and moral
obligation to act fairly. Another consideration is that
Freerider’s views about the union may change now that he
has a problem and has turned to the union for help. Now
there’s an opportunity for reorientation and a possible new
member.
Q3. Eve Work, a member in your department, catches
the flu bug and is out for four days. Eve’s
supervisor, Avery Stickler, demands that Eve provide
a doctor’s note. Eve didn’t see a doctor while she
was out sick and wonders what to do. She comes to
you for help.
What appears to be the problem?
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What action(s) should you take?
Is your contract clear? Does this involve a management
rule that is not part of the contract but is an item on which
both the union and employer agreed? How is it applied in
practice? Are workers complaining of the flu always
required to have a doctor’s not if they are absent for this
length of time? Is it reasonable that someone would see a
doctor if he or she has the flu for four days?
Q4. Sarah Melody comes over to you during break and
begins to complain to you about the bathrooms. She
explains that the cleaning people just are not doing
their jobs. “They never mop the floors and at least
once a week there are no soap or paper towels. I’m
not the only one that feels this way,” Sarah goes on
to say, “a lot of others are unhappy with the
maintenance of the bathrooms. Is there something
you can do?”
What appears to be the problem? The
bathrooms are not cleaned, stocked, or maintained.
What kind of problem is it? Depending on the
contract, it could be a contract violation or it could
be an OSHA violation.
What action(s) could you take to begin to solve
this problem? Talk to other workers and find out if
they feel the same as Sarah. Check out the
bathroom for a few days and record its condition or,
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better yet, ask Sarah to do this. Find out when
cleaning people come and what their instructions
are. Meet informally with the supervisor about the
present problem.
Q5. Ed Ornery, a member of Local 100, has been absent
from work at least one day a week for the past six
weeks. When Ed doesn’t show up, the supervisor
gives Ed’s work out to the rest of the workers in his
group. Ed is disliked by most of his co-workers for
his recent absence and foul moods. Ed’s behavior
has gotten even worse lately. His co-workers are fed
up and come to you for help.
What appears to be the problem? Ed’s absences
and behavior toward co-workers.
What kind of problem is it? See below.
What action(s) should you take?
The union has an internal problem it cannot ignore. For
one thing, if the tension level within the workgroup
continues to grow, something could happen which will lead
to disciplinary action. It is, at best, a difficult and
demoralizing situation.
The steward might ask: just what is Ed’s problem? Is
there some personal trauma in his life? Does he need
some help? What help is available? Is there an employee
assistance program, for example, that would be available?
If there’s a drinking problem, rehabilitation may be
necessary.
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The steward should be thoughtful and sensitive, explore
the options and recommend some action. Have other
similar problems developed in other departments? How
have other stewards handled it? Seeking the advice and
active support of other stewards and officers is important.
The steward should not feel like “The Lone Ranger.” He or
she is part of a union leadership team. It’s a sign of a healthy
organization when leaders frequently consult and seek each
other’s advice.
Q6. Betty Jones, an active member of Local 123, is
handing out union leaflets outside the company’s
office complex just before her shift on Monday,
March 2. Up comes Betty’s Division Manager, Will
Lynch, who takes a copy, stops and reads it. He
growls at Betty, “You rotten troublemaker. We’d all
be a lot better off without you and your damn union.
Why don’t you girls just mind your own business and
go back home where you belong?” Lynch walks
away.
On Wednesday morning, March 4, Betty’s supervisor,
Ralph Nosepin, tells Betty that she’s been taking too
long on her breaks and she’s been leaving early. He
informs her that, from now on, her afternoon breaks
are cancelled. He also says that he’s under orders to
start “picking up the slack” for Betty. Betty protests
that this is both wrong and unfair. She tells Nosepin
she needs the break time for fresh air because her
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work area is stuffy and gives her headaches.
Nosepin says he’s sorry, but “orders are orders.”
What appears to be the problem?
There are a number of issues involved in this problem
which could lead to grievances. Some are based on
contract violations and some are due to other sources.
Various questions are suggested.
a. Elimination of breaks: if there is a contract section
dealing with breaks, Nosepin’s action, in eliminating
Jones’s breaks is a clear-cut violation.
b. Even if there’s no clear contract language, is there an
established past practice? A past practice is consistent
conduct, established by employer action or inaction,
over an extended period that raises certain expectations
so as to be implied in the contract. Such past practices
are enforceable even though the contract is silent on
the matter. Past practices usually deal with working
conditions such as breaks and wash-up time. If the
break time referred to in the problem is an enforceable
past practice, it will be the basis of a grievance for Betty
Jones.
c. There’s more! Management may have eliminated
Jones’s breaks in retaliation for her union activity. A
strong anti-union sentiment is evident in Lynch’s
statements made only two days earlier. Are other
workers’ breaks being eliminated too or is Jones being
singled out? Have other comments been made by
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supervisors about Jones’s activity? Some contracts
have section which prohibits union discrimination. This
is the basis of yet another grievance. Another available
action is for the union fo file an Unfair Labor Practice
Charge with the National Labor Relations Board. (Public
employees should note that there may be a comparable
action in a state agency.) The company may have
committed unfair labor practices both for its retaliation
and because Lunch’s statements were coercive and
likely to discourage lawful, protected activity (literature
distribution in a non-work area on non-work time).
d. Does the contract have language prohibiting employer
sex discrimination? If so, Lynch’s statement to Jones
about “you girls” may be the basis of another
grievance. The statement—coupled with subsequent
employer action—may also support a claim by Jones
that her civil rights are being violated. A key question
for the steward to ask is: what other statements have
been made to Jones, under what circumstances were
they made, when, and by whom? And is she being
singled out either because she is a union activist or
because she is a woman?
Q7. Several or the workers on the third floor have come
up to you recently to complain about glare on their
new computer screens. They say the glare makes it
difficult to read the information on the screen and
gives them headaches. They tell you they didn’t
have this problem with the old machines.
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What appears to be the problem? Glare on the computer screens.
What kind of problem is it? Depending on the contract,
it may be a violation or it may no.
What action(s) could you take to solve this problem?
Investigate. Ask other workers for opinions. Distribute a
short survey on new computer monitors and health effects
(headaches, neck pains, etc.). Check the lighting, color of
the screens, and equipment position. Contact the local’s
Health and Safety Committee. Meet informally with
management, present your information and try to resolve.
Q8. It’s a hot summer day and the air conditioning in
Section B of the 2nd floor is broken. It’s 1 am and
you start getting phone calls from the workers in
that section complaining that it’s too hot to work. A
couple people even complain that they’re feeling
faint.
What appears to be the problem? Hot work place
What kind of problem is it? Depending on the
temperature and the contract language, it may be:
a) a contract violation; b) a violation of state or
federal law; or c) none of the above.
What action(s) could you take to solve this
problem?
Find out what the temperature is in the work area.
How many workers are affected? Talk to
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management to find out how quickly they can get
fans, or if workers can be temporarily moved to a
lounge, cafeteria, etc. where it is cooler. Be sure to
keep workers informed on what is being done to
remedy the situation.
Arbitrator Guidelines, Page 57: There is helpful information
regarding arbitrators’ guidelines for severity of penalty (too
harsh of treatment) and numerous disciplinary actions. Please
point this information out to participants and encourage them to
use as resource.
Steps for Resolving Workplace Problems/Grievances
Ask participants to turn to page 47 and put out that working
through these steps can be helpful in approaching a workplace
problem/grievance.
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Chapter 5 STEWARDS’ RIGHTS/EMPLOYEES RIGHTS (80 min.)
Opening: Explain to the participants that this session deals with
the legal rights of workers and stewards. Caution them not to
get bogged down in the details of the law but rather to be
familiar with a few basic rights. Explain that no one expects
stewards to know all the details of these laws and that the
important thing to remember is: when in doubt, call the local
union office.
Tell the participants that you will be briefly reviewing:
The NLRA or Public Worker Laws
Special Status of Stewards
Duty of Fair Representation
The Right to Union Representation During an Investigatory
Interview (Weingarten Rights)
The NLRA and Public Workers Laws
a. Explain that the most important law for private sector workers
is the National Labor Relations Act (NLRA) that was enacted
by Congress in 1935.
b. Tell the class they can read more about the NLRA in Chapter
4, page 32 in their manual. The NLRA gives private sector
workers three basic rights:
1. The right to form Unions
2. The right to Collective Bargaining
3. The right to strike
c. Explain that many public sector workers still do not have
these three rights. The laws governing the rights of public
sector workers vary by state. In some states, public workers
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can organize, bargain collectively and strike but in other
states, like Texas, they are not allowed to bargain collectively
or to strike.
d. Tell the class that they can read more about public sector
workers and the laws that govern them in Chapter 11 of their
manual.
e. Review the specifics of State Public Worker Law for Public
Sector stewards’ classes (not in this manual).
The Special Status of Stewards – Page 37
Review and discuss the three major points made in
“Stewards’ rights and Employer Rights” in Chapter 5 of the
manual.
1. Stewards are considered equals with management
when acting in official union capacity.
2. Retaliation against the steward is unlawful.
3. The steward cannot be held to higher standards.
Ask participants if they have any questions.
Duty of Fair Representation—Fairness and Equity – Page 38
Review and discuss with participants the major points
under the section, “Duty of Fair Representation,” in
Chapter 5.
1. Steward must represent all workers in the unit fairly
without regard to non-member status, sex, race
religion, age, etc.
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2. Workers who do not receive fair representation can
file Unfair Labor Practice (ULP) charges against the
union.
Workers who file ULPs against the union must
prove more than just poor performance or
mistake by the union.
3. Ask participants if they have any questions and
remind them to refer to Chapter 5 when in doubt.
Union Representation during Employee Interrogation – Page 39
IMPORTANT Note to Instructor: Public sector employees may or
may not be covered by a similar state law. Make sure
“Weingarten”-type rights exist in your state before reviewing this
section with public workers.
A. Review with the participants the definition of an investigatory
interview. Refer to “What is an Investigatory Interview?” page
39 in Chapter 5 of the manual. You may want to write definition
on the board.
B. Review with the participants the right of the employee to request
and have union representation at an investigatory interview.
Explain that the worker has the right to have a union
representative present when he/she has reasonable belief that
discipline or other adverse consequences may result from a
meeting with management.
Discussion: Why is Union Representation Beneficial?
Have participants turn to the page 40, “In what ways do
you think the presence of a steward could help the
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employee in an investigatory interview?” and give them
two minutes to jot down their ideas.
When time is up, review the participants’ answers and
make the following points if they do not come up:
The steward can help a fearful or inarticulate employee
explain what happened.
The steward can raise extenuating factors.
The steward can advise an employee against blindly
denying everything, thereby giving the appearance of
dishonesty and guilt.
The steward can help prevent an employee from making
fatal admissions.
The steward can stop an employee from losing his or her
temper and, perhaps, getting fired for insubordination.
The steward can serve as a witness to prevent supervisors
from giving a false account of the conversation.
Important: The Steward cannot tell workers NOT to answer
questions.
The Rights of Stewards in an Investigatory Interview – Page 41
Have participants turn to “Rights of Stewards during an
Investigatory Interview” in Chapter 5 and review. Try not to
read from the manual, but use your own words. Ask participants
if they have any questions.
Exercise: Employees’ Right to Union Representation – Page 42
A. Have participants turn to “Employees’ Right to Union
Representation—Exercise” in Chapter 5 of their manuals.
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Give participants five minutes to read and jot down a YES or
NO answer. 10 min.
B. When time is up, review and discuss the reasoning behind a
YES or NO answer.
Questions with Answers:
1. Coercing Employee to Drop Request
Q: An employee was summoned to an interview with his
supervisor and asked for his steward. In response, the
supervisor said, “You can request your steward, but if you do, I
will have to bring in the department manager, and you know
how nasty she can be. If we can keep it at the level we’re at,
then things will be a lot better for you.” Violation?
A: Yes. The supervisor is threatening greater discipline to
coerce the employee into abandoning his Weingarten rights.
This is an unfair labor practice.
2. Lie Detector Test Q: Does Weingarten apply to a polygraph test?
A: Yes. The employee has a right to union representation
during the pre-examination interview and the examination itself.
3. Steward not at the Worksite Q: If a worker’s steward is out sick, can the worker insist that
the interview be delayed until the steward is available?
A: No. Management does not have to delay an investigation if
other union representatives are available to assist the employee
at an interview.
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4. Steward’s Right to Representation Q: If I (the steward) am called in by my supervisor to discuss
my work record, do I have the right to a union representative?
A: Yes. Union stewards have Weingarten rights. If you fear
discipline or other adverse reaction, you have the right to the
presence of a union representative.
5. Telephone Interview Q: Over the weekend, a supervisor called one worker at home
to ask questions about missing tools. Did the worker have to
answer the questions?
A: No. Weingarten rights apply to telephone interviews. A
worker who fears discipline can refuse to answer questions until
he or she has a chance to consult with his or her steward.
6. Announcing Discipline
Q: A worker was called into the department manager’s office.
The worker asked for her steward, but was refused. The
manager said, “Doreen, yesterday you refused a direct order to
work overtime, therefore, we’re giving you a one-day suspension
for insubordination.” Did the employer violate Weingarten?
A: No. Weingarten rights do not apply to meetings where
employers simply announce discipline. However, if the employer
starts asking questions or tries to make the employee admit
guilt, Weingarten would apply and the employee can insist on
the presence of a steward or other union representative before
answering.
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STEWARDS’ TRAINING DAY 2
REVIEW DAY ONE (5 min.) Items to mention:
. . . Yesterday we reviewed and discussed:
o CWA’s organizational structure and where you can go for help in
the local
o The job of the steward: to organize/unionize workgroup and
problem solve
o The 2 different types of grievances: disciplinary and non-
disciplinary and how to proceed with each (key questions)
o Time limits on grievances
Chapter 4. THE CONTRACT (1.5 hrs.)
1. Opening: Ask participants to take out their contract.
Emphasize the importance of the contract to the steward’s job.
Explain that the language obtained in the contract represents
years of struggle and sacrifice.
2. What It Has Taken to Win in the Past: (Optional) Have
participants turn to “Employers Don’t Just Give Wage Increases.
. .” in Chapter 4, page 31, of their manual.
Note to Instructor: This activity is intended to give the new
stewards a better understanding of what others have gone
through to achieve the gains they see today. You will need to
select a few contract items, know the year it was achieved, and
the job action(s)—if any—that was/were taken to achieve them.
Write this information on the flipchart/whiteboard and ask the
participants to write it down in their manuals. [You may find the
40
“We Make a Difference” brochure series useful in selecting the
items for this section.] Emphasize that unity and determination
were vital to any achievement or improvement in working
conditions.
3. Importance of Collective Bargaining (see page 32)
Explain importance of collection bargaining and a formal
contract with employer
Explain that for private sector the NLRA was enacted in 1935
and gave workers three major rights:
1. The right to form unions.
2. The right to collective bargaining
3. The right to strike
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4. Exercise: Contract Questionnaire (Page 33)
Ask participants to turn to the “Contract Questionnaire” in
Chapter 4 of their manuals.
Note to Instructor: In order to better meet the needs of the
stewards in your class, select some of the questions listed in the
manual and add others that deal with the parts of your contract
that frequently come up in grievances in your area. Or, develop
and use your own contract language questionnaire. The
objective of this exercise is to give participants experience
identifying the issue in a grievance and finding the relevant
contract language in the contract. If there is more than one
contract among the participants, it is okay. Review the answers
from both contracts.
Instructions:
1. Divide the group into teams of two and allow them sufficient
time (20 min.) to complete the questionnaire. Ask half of the
group to work backwards from scenario 10 to 1 so all are
completed. Walk around and assist groups; find the
appropriate part of contract.
2. When the time is up, review and discuss the contract
questions and answers with the class. Give participants as
much insight into the contract language as possible. Include
comments on when the language was negotiated, the abuses
that took place prior to obtaining the language, and any work
actions that were taken.
42
THE FAMILY AND MEDICAL LEAVE ACT (FMLA) –45 min.
Show FMLA Video (Alexia McCaskill—approx. 9 min.)
The video will provide overview of law.
Point out the list of major FMLA rules on page 65
Ask participants to turn to the exercise in Chapter 7,
page 69, of their manual
Exercise—FMLA Situations: Answers
A. Story of Jessica, the pregnant reservation agent.
1. Has Jessica been approved for FMLA? Yes.
2. What is the “serious health condition” for the approved FMLA?
The serious health condition for which she has been
approved is the high blood pressure complication due
to her pregnancy.
3. Why did management deny FMLA time off for the Tuesday
fall? Jessica was denied because her cramping was not
the condition for which she had been granted FMLA
leave.
4. Does Jessica have a grievance? No.
5. What would be the best resolution to Jessica’s problem? The
best resolution would be her absence being designated
as FMLA leave.
6. How can you make this happen? Instruct Jessica to
immediately request new FMLA application papers
from the company. She would be entitled to FMLA
leave for the cramping if her doctor decides and
certifies that she was incapacitated for the two days
due to her pregnancy. When incapacity is due to
43
pregnancy, the mother does not have to meet the
“more than three consecutive days” rule.
B. Story of Nick, who needs major surgery. 1. Has Nick followed the procedure for requesting FMLA leave?
Yes.
2. Can the employer deny leave to Nick because it disagrees
with the doctor’s medical certification papers? What should
the employer have done here? No. The employer should
have notified Nick whether he was eligible for FMLA
leave within 5 business days of learning he wanted
FMLA leave. At the same time Nick was given
eligibility notice, the employer should have provided
him with a written notice of the employee’s rights and
responsibilities. If the employer had received Nick’s
certification, the employer would have had five
business days to tell Nick whether the leave would be
designated and counted as FMLA leave.
3. What would you advise Nick to do? If the employer does
not grant the FMLA leave in time, Nick should use his
vacation leave to avoid incurring an unexcused
absence. He should also file a grievance on the
grounds the employer interfered with his use of FMLA
leave and improperly required him to take any vacation
he had to use. Nick also has the right to file a
complaint with the U.S. Department of Labor.
C. Story of Andy, a telephone installer, who fell and injured his back at
work.
44
1. Is Andy’s leave covered by FMLA? No. He did not apply
for FMLA.
2. Was the employer entitled to reassign Andy to a new
location? Yes. Andy’s leave was not FMLA-protected.
If his leave had been FMLA protected, he would have
been entitled to return to his same job or an equivalent
position. His supervisor would not have been
permitted to move Andy so far away from his old work
location. Being placed in an equivalent position
requires, among other things, that the employee has to
be reinstated to the same worksite or “one that does
not involve a significant increase in commuting time of
distance.”
3. Does Andy have a grievance? If so, how would you frame
the issue to be resolved? Yes. The issue should be
framed in terms of the employer failing to let Andy
know whether he was eligible for FMLA leave. When
an employer has knowledge that an employee’s
leave/time away from work may be for a FMLA-
qualifying condition, the employer must notify the
employee within five business days whether she/he is
eligible to take FMLA leave. Andy’s fall and placement
on workers’ compensation are probably enough
evidence to put the employer on notice. The employee
does not have to say “I want a FMLA application.”
4. What should Andy have done when he began having back
flare-ups? Andy should have told his supervisor
immediately, gone to see a doctor for treatment within
seven days of the first day he was incapacitated by a
45
flare up and he should have requested FMLA
application papers from his employer. Once he had the
papers, he should have used them to apply for
intermittent leave to cover the occasional absences
due to flare ups.
5. If Andy did not have 1250 hours of work at the time of his
back flare-ups, could the employer deny FMLA leave to him
on that basis? Yes. To be eligible for FMLA leave, an
employee must have worked at least 1250 hours in the
12-month period immediately preceding the first day
the FMLA leave is to start.
Chapter 8 THE AMERICANS WITH DISABILITIES ACT (ADA) –30
min.
A. Show video (Mary O’Melveny). The video will provide
overview of the ADA.
B. Remind participants that the ADA is a continually changing
law that can be difficult to explain. The manual addresses the
basics of the ADA, but the online resources can be very
helpful. It’s important to talk through and discuss the
following concepts listed in Chapter 8 of their manuals:
1. How law defines disability?
2. What is a reasonable accommodation?
C. Ask participants to turn to True or False Exercise questions on
page 76.
Go thru questions. Answers:
1. In order to be covered by the ADA, one has to have a visible disability.
46
This statement is false. Under the ADA, a disability can be either a physical or mental impairment. What matters is whether the impairment substantially limits one or more of the individual’s major life activities. Additionally, all physical impairments are not visibly detectable.
2. Once a “reasonable accommodation” is determined, it always applies to the same disability. This statement is false. Reasonable accommodation is to be determined on an individual basis. The employer is required to engage in an interactive process with the employee in an effort to come up with a reasonable accommodation. What worked for one employee may not work for another with the same disability in the same job. 3. An employer can refuse to provide an accommodation saying that it costs too much. This statement is false. The cost of providing reasonable accommodation is not, in the great majority of cases a legitimate reason. The employer must prove that the cost is an “undue burden.” Cost is one factor considered under that standard, but so are the employer’s financial resources. It is important to remember that many accommodations require only a small amount of money or have no cost at all. 4. Disabilities such as “Carpal Tunnel Syndrome” are not covered under the ADA. This statement is false. Repetitive stress/motion injuries are covered by the ADA. The definition of “disability” under the FMLA is broad. The test for coverage by the ADA is whether the individual’s impairment substantially limits one or more of the individual’s major life activities. 5. The essential functions of a job are the key duties of a position. This statement is true. The essential functions of a job are the core functions necessary for the performance of a position. Sometimes a reasonable accommodation can be that the individual with a disability no longer has to perform the non-essential functions of his/her job.
47
6. If the employer refuses to provide an accommodation, there is nothing that the union can do. This answer is false. The Union can file a grievance. It can also refer the employee to the EEOC. Chapter 9 WRITING THE GRIEVANCE (30 min.) – Page 79
1. Local Grievance Form: Distribute a copy of
District/Sector/Local Grievance form to each participant.
Review the sections of the grievance form. Everyone should
have a copy.
Nine Points on Writing a Grievance – Page 80
A. Have participants turn to “Points on Writing a Formal
Grievance” in Chapter 9 of their manuals. Review and
discuss.
B. Here are some points worth stressing:
1. Point out that the “Nature of the Grievance” or the
“Union’s Statement” sections serve to provide
notice to the employer of the alleged contract
violation or other basis of the grievance. It should
state only the basics: the grievance issue
(“Employer fails to pay holiday pay,” for example),
why it is a grievance, name of the grievant, and
the date of the incident.
2. Emphasize that this section should be brief. Put in
only what is necessary for everyone (management,
a potential arbitrator, and others in the union) to
know what the grievance is about. Too much
detail here may reveal weaknesses in the case.
48
Only a skeleton of the case is necessary. The time
to add detail is in the face-to-face meeting with
management. For grievance forms not turned into
management, feel free to include your arguments,
evidence, etc. as a way to keep good records.
Contrast this brief writing with the “Remedy” section
(sometimes called “Relief Sought” or “Settlement Desired.”)
Here it is crucial to be as complete as possible.
Chapter 10. GRIEVANCE MEETING WITH MANAGEMENT (45 min.) – Page 85
Exercise: Preparing for a Meeting with Management
I. Allow participants several minutes to read through the “Facts of
Grievance #1” in Chapter 10, page 85.
Questions and Answers: 1. What questions will you ask in the meeting? Possible answers
include: “Where is the management investigation report?”
“How many and which other employees have you cited for
accidents during bad weather?” “How can you (management)
prove that the grievant did not follow the 6-second rule?” “How
and when was the grievant made aware of the 6-second rule?”
2. What will your arguments be for removing discipline? The
employee had an excellent work record. The weather was
treacherous, as documented by the police on the scene. Any
other relevant contractual piece such as the progressive
discipline section—was a suspension appropriate?
49
3. What remedy will you ask for? To immediately expunge the
suspension from the employee’s file and for the employee to be
made whole for the 3 days of suspension (back pay, etc.).
4. Should this go all the way to arbitration? What is the major
concept the union will have to prove? Hint: it is a clause in the
contract. The union will have to prove that there were
extenuating circumstances that prevented the employee from
avoiding an accident. Act of God clause.
II. Allow participants a few minutes to read over the “Facts of
Grievance #2” in Chapter 10, page 86.
Questions and Answers:
1. What questions will you ask in the meeting? What are your
reasons for promoting a worker with less seniority and an
equally good work record?
2. What will your arguments be in this grievance? Possible
answer: The contract clearly states that, if multiple employees
bid on a job and when their skills and qualifications are equal,
the most senior employee shall be awarded the promotion.
Briefly Review the Coaching and Tips for Grievance Meetings
Listed in Chapter 10, Page 87.
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WRAP UP: THOUGHTS ON THE FUTURE AND FEEDBACK (30 min.)
1. Acknowledge the participants’ hard work and attention for the
past 2 days.
2. Mention that you’ve covered many areas, including:
a. Rule Unions Play
b. The Rights and Roles of a Union Steward
c. How to investigate and handle grievances
d. Topics such as labor law, FMLA, ADA
e. Contract language
3. Ask if there are any lingering questions
4. Distribute feedback sheets and ask participants to fill them out
so we may continue to improve training.
51
Training Reaction Form
CWA Steward’s Participation Reaction Form
Location of Program ___________________________________________________
Dates of Program _____________________________________________________
Local Position, if any ___________________________________________________
Please complete this form by responding to each item. Circle the number or write the reaction that best describes how you feel. Your comments will help us to better meet the training needs of our stewards in the future. Thank you.
1. How valuable was the stewards’ training for you?
Not valuable 1 2 3 4 5 6 7 8 9 10 very valuable _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
2. Did you find the “Stewards’ Training Manual” useful?
Not valuable 1 2 3 4 5 6 7 8 9 10 very valuable _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
52
13 Which topics did you find the most useful?
____ The Role Unions Play ____ Union Structure ____ The Role of the Steward ____ Problem Solving/Grievances ____ The Contract
4. What additional topics would you like to see added to this training?
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
5. What suggestions do you have to make this training better?
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
6. What is your impression of being a steward now that you have completed this training?
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
53
CWA STEWARDS’ TRAINING
Instructor Comment Form
DISTRICT _________________________________ LOCAL _________________________________ NAME _________________________________ POSITION IN UNION __________________________ Your feedback is really appreciated. Please complete this form by
responding to each item. Circle the number or write the reaction
that best describes what you think. Your comments will help us to
develop training materials that are practical and meet the needs of
our members.
1. Did you find the Instructor’s Training Manual useful? 1 2 3 4 5 6 7 8 9 10 Not Valuable Very Valuable 2. Did you find the videotape presentations useful and
appropriate?
1 2 3 4 5 6 7 8 9 10 Not Valuable Very Valuable
3. Did you find the Steward’s Manual useful? 1 2 3 4 5 6 7 8 9 10 Not Valuable Very Valuable 4. How long was your training program? _______________
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5. How many stewards or others attended? _____________
6. Did they attend on their own time or did the union pay
lost wages? ___________________________________
7. Check the sessions you found most useful:
_____ The Role Unions Play _____ Union Structure _____ The Job of the Steward _____ Your First Assignment as Steward—Work Group Roster _____ Problem Solving/Grievances _____ The Contract _____ FMLA and ADA _____ Stewards’ Rights/Employees’ Rights _____ Handling a Grievance _____ Writing the Grievance _____ Meeting with Management 8. What didn’t you like about the training? ________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
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9. What topics/materials would you like to see included in
future updates to this training?
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
10. Other comments. Feel free to attach samples of
materials you use or additional sheets with comments.
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Send this form to: CWA Education Department 501 3rd St. NW Washington, DC 20001-2797
