Whether we like it or not, management expects employees to follow directions.
Sometimes, management makes the wrong decisions. Sometimes, they make senseless decisions. Sometimes, they make unethical decisions. No matter how wrong management’s direction is, the golden rule for rank and file employees is to work now and grieve later.
A member denying a direct order from management—otherwise called insubordination—is extremely difficult for you to handle as a steward. In most workplaces, and in most collective agreements, insubordination is grounds for discipline or dismissal. There is very little grey-area for interpretation or mitigating factors when it comes to insubordination. Illegal orders or orders that put you in imminent danger, which are rare, are the only times workers should flat-out refuse an order.
Because insubordination can be so serious, the best advice you can give your members is to ‘work now, grieve later.’ If management’s orders violate the collective agreement, that can be settled with a grievance. If it becomes a pattern, then it will likely become easier to solve with successive grievances. But if a member refuses the order, all they’ve done is put a target on their back and the problem is not likely to be solved.
On the other hand, there is some grey-area when it comes to what is actually a direct order. Members need to know when they are given a direct order, and a competent manager will know to make it clear that they are giving a direct order. If possible, it is best to ask for direction in writing and for members to acknowledge what they understand the direction to be.
Following this advice not only prevents insubordination, it reduces honest mistakes and also prevents bad bosses from setting members up for discipline. Management can deliberately target members, especially those who are active in the union or considered ‘problems.’ It’s your job as a steward to investigate suspicious direction from management if it leads to discipline. Trust your instincts.
There are some occasions when a member can and should refuse work, such as when doing the work would put them in imminent physical danger. In a situation like this, members have the right to refuse unsafe work. If a member refuses unsafe work, they must report the danger and should contact you, another steward, or their Membership Services Officer.
Refusing unsafe work is also very different from insubordination. Refusing unsafe work usually sounds more like, “I will do this work, but only when it is made safe to do so,” instead of outright denying a direct order from management. Management can also assign safe tasks while the unsafe tasks are investigated.
Regardless of the situation, if one of your members denies a direct order, they must be able to justify why they did so—and they better have a good reason, not just because they felt like it.
Your job as a union steward is to help your fellow members if they are disciplined, but there is a lot of proactive work to do before that happens. It is your responsibility to ensure your members know to not deny a proper direct order and to ‘work now, grieve later.’ Doing so is almost always the best decision for the member in the long run.