September 09, 2010
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Rights of a Steward
Posted On: Dec 05, 2007 (10:10:25)
Did you know that along with your responsibilities come some rights and privileges. These privileges and rights are granted by law and are found in our collective bargaining agreement.
Northern California Carpenters Master Agreement Protection, Section 14 - Stewards
(1) A steward shall be a working journeyman employee, appointed by the Local Union or District Council of the Union, who shall, in addition to his/her work as a journeyman be permitted to perform, during working hours, such of his/her Union duties as can not be performed at other times. The Union agrees that such duties shall be performed as expeditiously as possible and the Employer agrees that stewards shall be allowed a reasonable amount of time for the performance of such duties. The Business Representative shall notify immediately the individual employer of the appointment of each steward to be confirmed by letter.
(2) No steward shall be laid off or terminated without concurrence of the appropriate Business Representative
except for:
A) Proven dishonesty.
B) Excessive drinking.
C) Chronic failure to report for work.
D) Completion of the carpentry work on the job.
If a steward is discharged as permitted herein, written notice shall be given to the appropriate Local union or District Council defining the reasons for discharge.
(3) Application or violation of this Section shall be subject to Section 51 “Grievance Procedure”.
Why the privileges? The steward’s job often involves confrontation with the employer representative defending the action of an employee, gathering facts and witnesses for a grievance or an accident, or contesting a decision of management. From time to time stewards become vigorous advocates.
National Labor Relations Act Prohibits Employer Interference
Under the National Labor Relations Act stewards and Union officers have a protected legal status. When as a steward you are engaged in representational activities, stewards and union officers are considered equal with management. When a steward acts in his representational capacity doing union business, the relationship is not a “master-servant” relationship but a relationship of company advocates on one side and union advocates on the other side engaged as equal opposing parties in addressing collective bargaining issues.
National Labor Relations Act Prohibits Employer Discrimination
A company can not punish stewards for acting in their representative capacity or for exercising their right to engage in concerted activities. Reprisals against stewards are unfair labor practices. Some common violations of the NO-REPRISAL rule are:
• Segregate stewards from other employees
• Transfer a steward to a different job or shift
• Deprive a steward of overtime or other benefits
• Unfairly give a bad evaluation
• Threaten a steward with physical harm.
Even though a steward enjoys unique legal status and privileges, employers may discipline stewards for representational conduct that is outrageous, indefensible or of such serious character as to render the employee unfit for further service. Further, stewards do not enjoy legal protection if they organize slow downs, work disruptions or contract barred work stoppages. The line between protected and unprotected conduct isn’t precise and supervisors often exaggerate when describing the stewards behavior.

If a steward is not allowed to perform his representational duties and is treated unfairly, the Field Representative will investigate the facts, resolve the situation with management or let the arbitrator decide the issue in a grievance.






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