AMERICAN POSTAL WORKERS UNION, AFL-CIOALL CRAFT CONFERENCE LAS VEGAS, NEVADA NOVEMBER 5-8, 2007

Instructors:Pat Williams, Assistant Director Clerk Div.Idowu Balogun, Representative-at-Large, Maintenance Div.Shirley Taylor, National Business Agent Clerk Div.Marilyn Merow, National Business Agent Clerk Div.Marty Barron, National Business Agent Clerk Div.

DEALING WITH DIFFICULTPEOPLE

William “Bill” Burrus, PresidentCliff Guffey, Executive Vice PresidentTerry Stapleton, Secretary-TreasurerJames “Jim” McCarthy, Director Clerk Division

The Art of Dealing With Difficult People?

I am a dues paying memberand I have rights!

INSTRUCTORS

Pat WilliamsAssistant Director Shirley J. Taylor

National Business Agent

Marilyn ‘Mo’ MerowNational Business Agent

Marty BarronNational Business Agent

Idowu BalogunRepresentative-at- Large

SPECIAL THANKS TO:

Joyce B. Robinson, Director Research & Education Department

&First Time Instructors of Psychology 101*

Marilyn ‘Mo’ Merow *National Business Agent

Author of Psychology 101

Shirley Jean Taylor * National Business Agent

Woodrow Williams Jr *National Business Agent

Marty Barron *National Business Agent Brian Dunn *

National Business Agent

Shirley Mc Lennan *National Business Agent

Pat Williams * Assistant Director, Clerk Division

Joyce B. Robinson, DirectorResearch & Education Department

PREFACE(Dealing With Difficult People)

The Art Of Applying Diplomacy to the Unique and Often Difficult Situations That Union Officials Face

PURPOSE: Enable you to be diplomatic while applying common sense to difficult situations;

To educate our membership that they are responsible for their actions;

To educate our membership that the union is not responsible for all of their problems;

RESULTS: A change in the attitudes of the small, but vocal minority of the APWU Membership;

Channel negative energy into positive attitudes; Focus on what the Union has done for the Membership.

Union RepresentativesOften employees ask for our assistance in issues that are not contractual violations, but instead:

Valid complaints

Personality conflicts

In some cases gripes

The member is often

Angry

Hostile

Demanding

Their solution is

Often self serving

WHY WE NEED SHOP STEWARD

They are one of the most important work floor figures

The best Union Contract in the world is not worth the paper it is written on if it is not properly policed and enforced

Article 17, Section 3: the parties recognized the mutual benefit of having Shop Stewards available during working hours to discuss problems and potential grievances with the Bargaining Unit

**Arbitration Decision N8C1EC24632 Summed up the method for policing and enforcing agreements:

“...Stewards are the best vehicle for airing complaints, and resolving potential disputes to avoid escalating into grievances....”

ATTRIBUTES OF AN EFFECTIVE SHOP STEWARD

Awareness of challenges he/she faces

Desire to compete and achieve

Courage to stand out among the crowd and be different

Enthusiasm for creating new opportunities

Ability to serve – Understands DFR

DUTY OF FAIRREPRESENTATION

SECTION 1: DFR

DFR

Duty of Fair Representation- Derives from Section 9(2) of the National Labor Relations Act (NLRA) and Section 2 of the Railway Labor Act (RLA).

The First Supreme Court decision reg. duty of fair representation was Steele Vs. Louisville & Nashville Railroad, a case under the RLA.

Workers increasingly bring lawsuits against their union and employers outside the normal channels of dispute settlement .

Most generally, the claim of performing their duty in a capricious or defunctory manner is the charge against the union.

IS REQUIRED OF ALL SHOP STEWARDS/ OFFICERS

The Union is vested with responsibility to represent:

All employees (members and non members) to the BEST of its ability.

Duty of Fair Representation dictates that: No union official may represent an employee in a capricious, perfunctory, arbitrary or bad faith manner.

DFR AND THE UNION

• Arbitrary- Shop steward doesn’t have an explanation why he/she failed to appeal the grievance.

• Capricious- Shop steward has a reason why he or she did not appeal the grievance, but the reason is not logical. (i.e. it ended in #5)

• Perfunctory- Shop steward does not conduct a proper investigation before closing the case and puts forth little or no effort to determine the facts.

• Bad Faith- Shop steward allows personal feelings, union politics or bias to interfere with the representation of the employee.

Rights of the EmployeeUnder DFR

• To clear and unquestionable terms of the CBA. Union cannot refuse to follow or enforce the rules and standards that it has established on behalf of B.U. employees.

• To have his/her grievance decided on its own merits. Union is in violation when it trades a meritorious grievance, to secure a benefit for another individual or group of individuals

Rights of the UnionUnder DFR

• Has no duty to process frivolous grievances, and it must be free to settle a grievance in accordance with any reasonable interpretation. However, in settling disputes, similar complaints should be treated consistently.

• Steward can make good faith judgments in determining the merits of a grievance, but must use reasonable care and diligence in investigating, processing and presenting grievances on the employee’s behalf.

WEINGARTEN/MIRANDA RIGHTS

Federal labor law gives employees the right to represen-tation during investigatory interview which the employee reasonably believes may lead to discipline.

Originated in NLRB v. J. Weingarten, U.S. Supreme Court 1975, Commonly called “Weingarten rule” or “Weingarten rights.”

Weingarten only applies to an investigatory interview when management is searching for facts relevant to determining an employee’s guilt or deciding whether to impose discipline.

Weingarten rights do not apply when management issues a disciplinary action to an employee (for example, issuing an employee a letter of warning).

Steward cannot exercise Weingarten Rights on the employee’s behalf, unlike “Miranda rights,” which involve a criminal investigation.

Management is not required to inform the employee of the Weingarten rule.

Weingarten rule includes the right to a pre-interview consultation with a steward.

Federal Courts have extended this right to pre-meeting consultations to cover Inspection Service interrogations.

(Postal Service v. NLRB, D.C. Cir. 1992).

Employee has right to steward’s assistance, not just a silent presence during an interview covered by the Weingarten rule.

Employee’s Weingarten rights are violated when union representative is not allowed to speak, or is restricted to the role of a passive observer.

Although ELM, Section 666.6 requires all postal employees to cooperate during investigations, an employee with Weingarten rights is entitled to have a steward present before answering questions.

The employee may respond that he or she will answer questions once a steward is provided.

SECTION 2: GUIDELINES FOR UNION OFFICERS/STEWARDS

FIRST- INTERVIEW THE GRIEVANT

SECOND – INTERVIEW INDIVIDUALS MENTIONED BY GRIEVANT

THIRD – FULLY INVESTIGATE EACH COMPLAINT (Who, What, When, Where, Why & How)

FOURTH – NEVER ASSURE CASE WILL BE ARBITRATED

FIFTH – ALWAYS KEEP GRIEVANT INFORMED

SIXTH – IF DECISION NOT TO PROCEED INCLUDE REASON IN FILE

SEVENTH – KEEP FILE DOCUMENTED

EIGHTH – DISCUSS YOUR DECISION OF THE GRIEVANCE

NINTH - RETAIN CASE FILES FOR MINIMUM OF THREE (3) YEARS

1st

INTERVIEW THE GRIEVANT

• Interview grievant , especially in discipline cases.

• Keep precise notes of interview

• Get a written statement from grievant and/or witnesses

2nd INTERVIEW WITNESS (S)

Interview each witness

Question them fully

Keep precise notes

Have witness sign and date statement

3rd FULLY INVESTIGATE EACH COMPLAINT

• Investigate while on the clock

• If denied, file a grievance

• Include the information on the grievance

4th NEVER ASSURE CASEWILL BE ARBITRATED / WON

• Never assure grievant the case will be arbitrated

• Never assure grievant that they will be appealed and won

• We can never be certain of the outcome of a case

5th ALWAYS KEEP GRIEVANT INFORMED

• Keep grievant informed of progress

• Notify them in writing of different steps taken in grievance process

6th IF DECISION NOT TO PROCEED

KEEP REASON IN FILE

• If decision is not to proceed with case include a statement in file

• If you settle the case, include a statement of reason in file

7th

KEEP FILE DOCUMENTED

• File should include relevant documents:

a) Copy of document notifying grievant of decision to drop case in file;

b) Copy of Certified Notifications to

grievant and other pertinent documents

• A review committee or grievant committee should be established

• Each issue should be fully discussed

• Seek additional advice or counsel, if necessary

8th DISCUSS YOUR DECISION

OF THE GRIEVANCE

9thRETAIN CASE FILES FOR MINIMUM

OF THREE (3) YEARS

• Retention time of files or grievances should be established

• Statue of limitations has been established by Supreme Court as six (6) months

• Closed files may also be retained with an adequate retrieval system

A STEWARD’S NEED FOR REPRESENTATION

A Steward may need representation. There is an official policy position from the American Postal Workers Union on this issue:

Article 15 states- “The employee shall be represented by a steward or a union representative. The APWU interpretation of the foregoing part of Article 15, is that the Steward or Union Representative could also be the grievant and represent himself or herself.”

Yet, it is not recommended to represent ones' self!!!

FOOD FOR THOUGHT

• Officers and Stewards are discouraged from automatically appealing every case

• We are not required to be right in every case

• You may be called upon to prove that your decision was not careless or perfunctory

SECTION 3:

TYPICAL COMPLAINTS

I AM A DUES PAYING

MEMBER

I HAVE RIGHTS!

SCENARIO 1:I do not want that shop steward representing me, she has only been a steward for one month!

SCENARIO 2:I was a shop steward for five years and I know the contract, I am not satisfied with John Doe representing me.

SCENARIO 3:I don’t appreciate the steward making a settlement agreement without contacting me, I want to go to arbitration and not accept a settlement. I want my day in court.

SCENARIO 4:I find the behavior of my local unprofessional and extremely immature, and I am very concerned that I will not be represented fairly on this matter, or any matter in the future.

SCENARIO 5:The Union Steward refuses to represent me because I am a non member. Why can’t I have a steward of my choice?

SCENARIO 6:It’s obvious that there is a conflict of interest between the President and myself. He’s chosen to protect and represent his steward, and no one is protecting my seniority. Since I am a dues paying member in good standing, I feel the union should bring in a neutral party to represent my rights and seniority.

SCENARIO 7:My shop steward has been sitting on my grievance for over two weeks, how long does It take to file a grievance?

SCENARIO 8:I asked the shop steward was it correct that I could take a break, and sheacted accordingly by siding with management, knowing that it was time to take a break. Then angrily the shop steward turned away and said to me, well!, don’t ask me any more questions. So from here on, I don’t talk to no one but the union president for answers. I feel that someone need to really check into this, cause I am sick and tired of attitudinal representatives siding with management.

SCENARIO 9:

I believe strongly that the local that I am presently under is failing to represent me adequately, or the best of their ability.

SCENARIO 9:I am sorry to say that even today, I can’t begin to move toward consulting the shop Steward at the station with respect to anything that violates the contract, or that violates me as an employee. This is on account of the fact that I just don’t trust her.

SCENARIO 10:I have been a paying union member for some 27 years. Recently I won a 10 hour award through the grievance procedure. I was told this came up much quicker because it was contractual. It took less than a year. This was not half as important to me. My other case took more than 21/2 years. Something is very wrong here. I would have to hire an attorney. I did once 12 years ago to help me with a case. Somebody please tell me something. At least help me while I’m still paying for your help.

SCENARIO 11:Due to the fact that I am taking a Labor Law Class, and am doing a paper on what an individual needs to do when a union representative is not following the National Labor Laws, I am requesting copies of my union file. I would like copies of my request for FMLA grievance, light duty request, reasonable accommodation and help with filing my EEO case.

SCENARIO 12:My steward refused my pleas to file a grievance before my time limit expired which was only 3 days away. Because of his actions I was unable to file a grievance in this matter even though I had medical documentation supporting my incapacity. He still would not even listen when I tried to write him. Who am I suppose to contact when I need to file a grievance?

SECTION 4:

CASE STUDIES

ROLE PLAY

SECTION 4: CASE STUDY 1-A:

IT’S NOT MY FAULT I HAVE PROBLEMS!

1-A Sara has had an attendance problem for most of her career. She is often late to work, if she gets to work at all. For several years, no one did anything to change her behavior. She works in a small Post Office and management allowed her to change her schedule when she was late, rather than correct her behavior. When the new Postmaster came in one (1) year ago, all employees were informed of his expectations for attendance. Sara was informed of those expectations, both with stand up talks and a discussion with her Supervisor. She has received and grieved a letter of warning and a seven day suspension for attendance problems. The letter of warning was reduced in time to one year provided she corrected her attendance deficiencies. The seven calendar day suspension was issued four months later, and is in the grievance procedure. Now, two months later, she has had 7 unscheduled absences of 8 hours each, and 22 late reports.

Management has now issued the fourteen calendar day suspension. She has asked to meet with her shop steward, Ray and they are now in that meeting.

FOOD FOR THOUGHT

• Attendance- Usually the #1 reason for discipline

• Stewards- Often look at “technical’ arguments

• Educate- S/L & A/L is like money in the bank

• Many employees- Don’t or won’t get it

• Advise- Of consequences of poor attendance

SECTION 4 CASE STUDY 2A I’M BEING HARASSED!!

2-A Jeff and his Supervisor, Dave, have had a tumultuous relationship. Jeff is strong willed, and refuses to allow Dave to “bully” him “just because he wears a necktie”. Dave believes Jeff is a troublemaker, and goes out of his way to watch every move Jeff makes.

Dave has an ego, and won’t be “brought down by the likes of Jeff”. The entire relationship is built on mistrust. Dave, however, gets away with more than Jeff, as Jeff is the subordinate.

The constant bickering between the two has often erupted into shouting matches on the floor, and Jeff has received discipline for his conduct, that is still in the grievance procedure,.

FOOD FOR THOUGHT

• IF IT’S NOT HARASSMENT – Talk to the member

• REMEMBER- There are legitimate harass-

ment complaints

SECTION 4: CASE STUDY 3A WHY DIDN’T YOU DO

WHAT I ASKED YOU TO DO???

3-A Ashley has had an attendance problem for several years. She has been disciplined many times, andeach time the Union has successfully grieved her discipline due to a technical error.

In some cases, Ashley has had to educate a new steward, because she is as familiar with due process as any Union Rep. She thrives on her rights because she knows she is wrong in not coming to work.

Ashley has asked to see the steward, Jerri, who is, herself, a new steward.

FOOD FOR THOUGHT

• WE ALL MAKE MISTAKES-

• YOU MUST ESTABLISH YOUR CREDIBILITY

• WE MUST DO WHAT’S BEST FOR THE MEMBER

SECTION 4: CASE STUDY 4A I DON’T WANT TO HELP MYSELF, I WANT YOU TO FIX THE PROBLEM!

4-A Shop Steward Richard Davis is on his break, in the lunchroom, when two members, Sheri Wagner and Dale Wright, approach him to discuss a problem:

They are both window clerks in the same office where Davis works.

FOOD FOR THOUGHT

• OUR JOB IS TO POLICE THE CONTRACT

• A MEMBER DOES NOT HAVE A RIGHT TO ABUSE THE STEWARD

• AS A STEWARD YOU HAVE AN OUTLET

SECTION 4: CASE STUDY 5A NOT ENOUGH INFORMATION

5-A Mildred is talking to one of her co-workers, Angel Mae. She received a letter from the Postmaster denying her request for light duty. The person Mildred really wants to talk to is a union steward, named Carol. However, she won’t approach Carol because she looks like she is busy, and Mildred doesn’t want to bother her.

Angel Mae explains to Mildred that Carol works there just like they do, and that she doesn’t think Carol will mind Mildred talking to her. Once Mildred approaches Carol, she appears concerned, and wonders how she can help Mildred.

FOOD FOR THOUGHT

• Employees must be told what is required of them. Do not give them false hope. When they cannot perform all or part of the functions of the bid they must give a written request to the installation head for a light duty assignment. It is required.

• Along with that request must be a note from the doctor stating what the restrictions are.

• If management does not have the information, they can not give a job offer.

SECTION 5: OVERCOMING STRESS

• Make more time for yourself and your family• Develop better work habits• Limit projects• Select a hobby• Learn to relax• Read a book• Take an exercise class• Listen to jazz or soft music• Practice meditation• Try walking or jogging• Arrive early for appointments• Bid on a new job• Confide in a friend/ officers• Ask for help when needed• See a movie• Don’t be afraid to say ‘NO’ if you are over burden

CONTRACTUAL RIGHTS

• WE MUST EDUCATE OUR MEMBERS

ON THE HISTORY OF OUR COLLECTIVE BARGAINING AGREEMENT 1971-2006

(ON TRAINING CD)

• THOSE RIGHTS WERE NOT AUTOMATIC

OUR FIRST CBA• Our first National Agreement negotiated by

the Union (1971-1973) is continuously used as a base line for negotiations.

• Since that time, there has been subsequent contract negotiations and changes.

• Those changes identified, reflect the years in which they were made, and the specific articles and Sections of the National Agreement.

HISTORY OF COLLECTIVE BARGAINING 1971 – 2006

Using the first national agreement negotiated by theunion (1971 – 1973) as a base line, this bookletidentifies the changes that have been made in sub-sequent contract negotiations.

The changes identified reflect the years in which the changes were made and the reader can follow the changes to each Article and section of the national agreement.

A copy of our 2006 -2010 Agreement is included on the workshop CD, along with a copy of the JCIM.

SECTION 6: (DFR) Questions & Answers

Employees

Record

Steward