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The
Disciplinary Interview
When any local union
examines the number of grievances filed in a year, they usually report
that most of the paperwork deals with the issue of discipline.
While we don't often challenge the right of management to issue rules,
we are more likely to challenge the manner in which management enforces
the rules.
In most cases of discipline, members have a right to a fair
investigation and a hearing on the alleged infraction.
While details and procedures may differ in certain contracts, there are
some basic rules which apply to all disciplinary hearings.
1. The member should always ask for union representation.
First and foremost, if a member
is called into any labor-management meeting in which he or she feels
that discipline may be assessed as an outcome of the meeting, they
should ask for a union steward to be present.
This is right that a local union must make clear to its members.
Contracts and bargaining laws may differ as to how that right should be
exercised, but the bottom line is that no member should go into this
kind of meeting without union representation.
Few members are well-versed in their contractual rights, work rules,
and limitations on managements' rights as a union officer. A steward has
protected rights at any labor-management meeting when acting as a union
representative. A member does not. That means a steward can say things
and act in the kind of advocacy role that a member cannot. And that role
is protected usually by law and/or contract.
A steward has two key roles at any disciplinary hearing: (1) to protect
the member, (2) to protect the union and the contract. These roles are
inter-related.
2. What should the member do if the meeting is not a formal one?
Unfortunately, many meetings
which result in discipline do not appear to be formal hearings when they
start. A member might be pulled aside by a supervisor who asks, "Would
you mind stepping into my office for a minute?"
A member should always question the nature of the meeting. "What's up?"
is the usual response. A better answer might be, "I will comply with
your request if you tell me what is the nature of the meeting." or
"Sure, just tell me what's this all about."
If the supervisor's answer in any way indicates that the supervisor may
be investigating an incident, reviewing a record, or if you feel that
the meeting or its outcome in any way will take the direction of
discipline, the member must ask to have a union representative present.
If the member is unsure of the content of the meeting, he or she should
still ask for a union representative to be present. Denial of that
request under certain laws and contracts is grievable and can (although
not always) mitigate the discipline assessed over the alleged offense.
3. What should the steward do if the meeting has already started?
There will be times when the
member does not exercise his or her right to representation at a
disciplinary meeting. If the shop steward finds out and sees the
supervisor's door closed, the steward should knock at the door and
request that the supervisor inform the member that a union officer is
outside waiting to sit in at the meeting.
If the request is denied, document the denial in writing and ask the
supervisor to sign it. What you are doing is creating a record that the
supervisor is denying the member his or her rights to representation.
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