By Jon Olsen, Communications Staff
Bargaining is heating up and things are getting tense. Activists, stewards, and negotiating teams across the province are preparing for the battles ahead. Our employers are also getting ready, and they may have some tricks up their sleeves that we should look out for, especially if you are a steward.
Union stewards are shields who insert themselves between employees and their employers. They are the first line of defense on the worksite for members facing potential discipline. But, when frustrated by a sound defense, a vindictive employer can sometimes turn their attention toward the shield itself and look to discipline the steward. The employer will often point to insubordination as the reason for this retaliation.
A steward, like any other employee, is subject to discipline when performing their normal duties of employment, but are afforded certain levels of immunity when acting as a union representative. Stewards should know there are limits to those protections and where the line is drawn.
Union stewards are shields who insert themselves between employees and their employers.
Stewards and their employer are often adversarial behind the closed doors of a discipline meeting. You can make forceful or even loud arguments to make a point, but you must keep in mind the protections you enjoy are not a blanket immunity. It is important to remain cool-headed when performing your duties as a steward. Using belligerent language will not help the member, or yourself, avoid discipline.
Mastery of your collective agreement is the best way to protect yourself from discipline. This is good advice for everyone, from rank-and-file members to stewards, and even component officers. Knowing what your obligations are as an employee may keep you and your coworkers from being called into a discipline meeting to begin with, and could be the difference between a successful defense and finding yourself in hot water.
Taking notes may seem like obvious advice, as it is something you learned in your first steward training course, but it cannot be overstated how important good note-taking can be. Good notes not only protect the member you are acting as a steward for, but also help protect you from a hostile employer.
Advising your member to disobey their employer is one way the employer could accuse you of insubordination. Obey now, grieve later is a phrase stewards often repeat, and for good reason. Simply put, when members are ordered to do a task with which they disagree or that they believe violates the collective agreement, you should advise the member to obey and then grieve afterwards (unless the order threatens their health and safety).
If you find yourself brought up on discipline after defending a member, you should take the same steps you encourage the members you represent to take.
Mastery of your collective agreement is the best way to protect yourself from discipline.
First, make notes again! Clear, concise notes are key when defending members, and yourself, from employer discipline, and should be done as soon as possible with the interaction fresh in your mind. Your notes can make all the difference when dealing with discipline. Do not rely on your memory alone.
Second, contact your union. After you complete your notes, your first call should be to your Membership Services Officer (MSO) or the Member Resource Centre (MRC) if you do not have an MSO contact. You can reach your MSO or the MRC at 1-800-232-7284.
Lastly, never represent yourself. While you may be tempted to handle your own case, this is a dangerous course to take. Self-representation can leave you open to blind spots in your defense. Call your union and speak with your MSO!
Stewards should expect employers to get more and more hostile as we move through this year of bargaining and they begin to feel the pressure at the table. We must all stay vigilant and not let them intimidate or divide us.