Branch 258 Steward Training Program 258 Shop Steward

Branch 258 Steward Training Program 258 Shop Steward Training Investigating, Preparing and Presenting Grievances at Informal Step A

The Steward’s Roles and Responsibilities

Roles of a Steward -Leadern Definition: Somebody who gets things done with the support of membership. n Gains the respect of letter carriers n Faces up to difficult situations and people n Says “No” to carriers sometimes and explains why n Takes responsibility for solving the carriers’ problems

Roles of a Steward -Contract Enforcern Makes sure that management abides by the National Agreement, JCAM, handbooks, manuals, policies and laws n Investigates and processes grievances n Monitors scheduling: ODL, holidays, leave, light/limited duty etc. n Represents carriers during investigatory interviews and route inspections

Roles of a Steward -Legislative Activistn Recruits e-activists for NALC’s grassroots legislative program n Informs carriers about legislative issues that effect postal employees n When the NALC puts out a call to contact a member of congress, the steward follows up with the carriers in the unit to ensure maximum participation n Contributes to LCPF thru payroll deduction and encourages others to do so

Roles of a Steward -Educatorn Teaches carriers their rights and how to stand up for them n Tells carriers one-on-one about the NALC - its values, history and accomplishments n Talks one-on-one with members about current union issues n Teaches carriers about unions in general and how they are good for workers and families

Roles of a Steward -Communicatorn Passes important information from the union or from management to the carriers in the unit n Regularly reports on events in the unit to branch officers n Writes articles of interest to members in the branch newsletter

Roles of a Steward -Source of Informationn Keeps up with legislative developments affecting carriers and the Postal Service n Reads important materials – NALC publications, National Agreement, JCAM, MRS, NALC Website n Knows how to find and use information and where to ask for help

Roles of a Steward -Counselorn Gets to know all the carriers personally n Encourages the trust and confidence of the carriers n Helps carriers with both job-related and personal problems n Keeps confidences and does not gossip

Roles of a Steward -Idealistn Builds pride and dignity among the carriers n Does much work for free (or almost free) in spare time n Provides the commitment that makes the union strong n Leads by example – as a carrier, as a representative

Roles of a Steward -Union Officialn Works together with other stewards and branch officers n Is the daily visible union presence on the workroom floor n Works as part of the total union structure, carrying out NALC policies and goals

Roles of a Steward -Organizern Recruits and signs up new hires into the NALC n Welcomes new hires into the unit and assists them through their probationary period n Gets members involved in branch functions and activities n Pursues long-time non-members to join the NALC

Roles of a Steward -OWCP Representativen Helps carriers who were injured on-thejob file the appropriate claim forms n Advises carriers of their rights under the FECA n Monitors management’s processing of claims and files grievances when mishandled or time limits not met

Challenges and Rewards of the Steward’s Job

Challenges n Away from family n Target on your back n Pressure to represent members n Available at all hours

Rewards n Opportunity to save your job n Learn new things n Help your union brothers and sisters n Attend union conventions n Union positions n Friendships n Become a better person

Grievance Defined n Article 15 Section 1 of the National Agreement. n A grievance is defined as a dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment.

Grievance Defined n. A grievance shall include, but is not limited to, the complaint of an employee or of the Union which involves the interpretation, application of, or compliance with the provisions of the National Agreement or any local Memorandum of Understanding not in conflict with the National Agreement.

Dispute Resolution Process n Article 15 Section 2 & 3 of the National Agreement.

Grievance Investigation n Article 17 Section 3 (Rights of Stewards) n Article 31 Section 3 ( Requests for Information)

Article 17 Section 3 When it is necessary for a steward to leave his/her work area to investigate and adjust grievances or to investigate a specific problem to determine whether to file a grievance, the steward shall request permission from the immediate supervisor and such request shall not be unreasonably denied.

Article 17 Section 3 (Cont. ) The steward, chief steward or other Union representative properly certified in accordance with Section 2 may request and shall obtain access through the appropriate supervisor to review the documents, files and other records necessary for processing a grievance or determining if a grievance exists and shall have the right to interview the aggrieved employee(s), supervisors and witnesses during working hours. Such requests shall not be unreasonably denied

Article 31 Section 3 The Employer will make available for inspection by the Union all relevant information necessary for collective bargaining or the enforcement, administration or interpretation of this agreement, including information necessary to determine whether to file or to continue the processing of a grievance under this agreement.

Steward’s Investigatory Powers n The right to interview people to get all the facts. n The right to obtain Postal Service documents, files or other records. n The right to investigate on-the-clock.

Investigation Guidelines Investigate before you file 2. Interview supervisor to get management’s version of the facts 3. Get: 1. – All of the facts – All of the statements – All of the documents

Guidelines for Grievance Interviews 1. 2. 3. 4. 5. 6. 7. 8. Be Prepared. Put the employee at ease Ask open-ended questions Listen attentively, do not interrupt Give your full attention. Do not create a negative atmosphere Let them tell their own story Take notes. When they are finished, ask more questions

Guidelines for Grievance Interviews 8. 9. 10. 11. 12. 13. 14. Get names, times, places Ask them to repeat their story. Clarify any ambiguous points. Insulate against being intentionally baited or irritated Do not personalize the issues. Maintain an objective attitude Do not ask questions that will reveal some pre -disposed decision on how to handle the grievance Recap your understanding of what they have told you. Ask them to verify accuracy of your restatement.

Interviewing Witnesses 1. General Information a. b. c. d. e. f. g. h. i. Full name Nickname Home address Phone numbers; work, home, mobile Employee ID # Seniority dates, USPS, craft Work location, pay location Current assignment, level, step Veteran Status

Interviewing Witnesses 2. Postal Experience a. Where started, what craft, how long b. Positions held: T-6, OJI, router, Co-leader c. Awards: Safe driver, Attendance, Merit d. Management experience: 204 -B, supervisor, when, where, how long, why no longer

Interviewing Witnesses 3. Union Experience a. Current position b. Past offices, when, how long c. Special training d. Grievance handling or negotiation experience

Interviewing Witnesses 4. Other experience that may be relevant a. Prior employment b. Armed Forces c. Outside Interests

Interviewing Witnesses 5. Prior Adverse Actions a. Discipline: Letters of Warning, suspensions, removals b. Administrative: Restricted Sick Leave, revoked or suspended driving privileges, letter of demand. c. When? Why? Was it grieved? Why or why not, What was the outcome?

Interviewing Witnesses 6. Qualification to Testify (Why the information they have is relevant to the grievance) a. I saw, I heard, I was issued, I was told, I felt b. Expert qualifications

Interviewing Witnesses 7. What happened a. b. c. d. e. f. g. h. i. Date, time, location Where witness was, what witness was doing Where others were, what they were doing What witness saw What witness heard What witness said What witness felt, perceived or understood How witness reacted Upon reflection, how witness feels about the whole event

Interviewing Witnesses 8. Aftermath a. Was there a meeting, discussion or investigatory interview with management? b. When? Where, Who was there? c. What was said or done? d. Management’s response to incident e. Witness’s response f. Hoped for outcome

Weingarten Rights Gives an employee the right to union representation during any investigatory interview which he or she reasonably believes may lead to discipline. No matter who is doing the investigation, an employee always has the right to union representation upon request.

Weingarten Rights (cont. ) When the employee makes the request for a union representative to be present the investigators have three options: n Stop questioning until the steward arrives n End the interview n Tell the employee that they will call off the interview unless the employee voluntarily gives up their rights to a union representative- an option the employee should always refuse.

The Art of Note Taking The faintest ink is brighter than the sharpest memory” -Chinese Proverb

The Art of Note-taking n Writing notes may conflict with your need to listen, so separate these tasks. n Let witness tell the story, then go back over the story chronologically. n Write down and double check details n Ask for clarification n Review parts that seem unclear or don’t make sense n Review notes as soon as possible after the interview

The Art of Note-taking n n n Use one side of paper (8 ½ x 11 please!) Write in ink Use wide margins and spaces between lines to leave room for adding details and reminders to yourself Use colored pens and highlighters to mark important info Use abbreviations for common terms Remember, others may have to rely on your notes

Grievance Research Materials

Joint Contract Administration Manual (JCAM) n Jointly developed by the NALC and USPS at the national level in 1998 n Jointly revised as needed (last July 2014) n “Both parties must use the JCAM as their guide to the contract” - Art 15. 2 n Contains contract language (shaded) as well as the parties joint interpretation of what the contract means. n Is best possible cite. Sets precedence. n Available in hard copy, online or on CD.

Materials Reference System (MRS) n n n Developed by NALC for NALC in mid-80’s Revised and updated as needed (last July 2014) Index of important materials: Step 4 agreements, national settlements and MOU’s, USPS policy statements, arbitration decisions, etc. Summaries with links to whole documents (“M” and “C “ references) Citeable in grievances Available in print, online or CD

“Defenses to Discipline” n First published as a booklet (1984) then updated in April 2014. n Very useful tool for new stewards to help defend against discipline.

NALC WEBSITE n Contains JCAM, MRS, postal handbooks and manuals and grievance starters, other materials and forms for use by stewards

Other Available Resources n NALC Contract CD n NALC Arbitration DVD (or CD’s) n NALC Injury Compensation CD n NALC Retirement Manual CD n NALC Route Inspection Kit n NALC Health Benefit Plan CD

Filling Out Forms

fill out this portion ONLY!

ONLY if you settle the case do you fill out this portion Do not Sign unless settled

Preparing for the Informal A Meeting

Before you begin getting ready for the grievance meeting, have you…. ü Interviewed all persons relevant to the grievance? ü Reviewed and copied all relevant documentation? ü Thoroughly researched the subject matter in the JCAM, MRS, etc? ü Reviewed prior grievances on same subject? ü Discussed the case with other experienced reps? If so, you are ready to prepare for the meeting

Preparing a Position Page n Notes to use at your grievance meeting – Helps to keep you on-track – Ensure all your facts are presented and arguments made and documents provided – Serves as a record of the meeting May be written out or in bullet-point form n Does not have to be given to management at the meeting n

Position Page Heading n -Should include enough information to identify the grievance number, grievant or class, issues involved Facts n A narrative (or list) of events describing what happened which led to the grievance being filed. This is the who, what, when, where. n – n – Relevant Contract Provisions Listing of specific provision of National Agreement, handbooks, manuals, policies, procedures, practices or laws that are relevant or applicable to the facts described above Points to Stress – Contentions List point by point the reasons why the application of the contract provisions to the facts results in a violation Remedy Sought How the problem should be corrected or grievant (s) made whole

Facts and Contentions Facts tell a story - contentions explain what the story means. Facts • The who, what when and where of a grievance, but not necessarily the why. • Something that can be proven by evidence • Facts tell what happened Contentions • An argument, assertion, belief, claim, opinion or line of reasoning • How the facts of the case should be evaluated in light of certain rules Facts + Rules = Contentions

Preparing for the Meeting n Don’t wait until the 14 th day! n Notify supervisor of the need to meet; agree on time and date n Prepare n Make position page copies of documents and cites for management

During the Meeting n Conduct yourself in a professional manner n Present your case in a clear and complete fashion n Don’t allow yourself to be rushed n Don’t take things personally n Don’t allow your buttons to be pushed