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SHOP STEWARD
REFERENCE
AND
TRAINING GUIDE
VERSION 7
SHOP STEWARD
REFERENCE
AND
TRAINING GUIDE
VERSION 7
A Publication of the National Emergency Medical Services Association
Modesto California
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A Publication of The National Emergency Medical Services Association
Copyright © 2005, 2007, 2008, 2009, 2010, 2011, 2012
Printed in the United States of America
This Book Is For The Use Of National EMS Association Staff and Shop
Stewards Only. Sale or Re-Sale Of This Book Is Strictly Prohibited.
Editing Provided In-Part By: Jennifer Brewer
Reprints: Permission is granted to reprint or reproduce portions of this
book, or the book in its entirety for free public distribution to all NEMSA
Shop Stewards. Please let NEMSA know of such use by emailing:
[email protected]. Requests for permission to reprint or reproduce this
book outside of the listed guidelines must be made in writing to NEMSA,
4701 Sisk Rd, Suite 102, Modesto, CA 95356.
Disclaimer: Reference to any person or situation in this book is purely
fictional and for educational purposes only. Any resemblance to actual
events or persons living or deceased is purely coincidental.
This publication is designed to provide accurate and authoritative
information in regard to the subject matter covered at the time of first
publication. The publisher (NEMSA) is not engaged in rendering legal,
accounting, or other professional service through the production or
publication of this information. If legal advice or other expert assistance
is required, the services of a competent professional person should be
sought.
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Table of Contents
Introduction
Page 6
Chapter One
Page 7
NEMSA History
NEMSA Mission Statement
NEMSA Structure
Chapter 2
Page 11
What Is A Labor Union
Service Vs. Organizing Model
The Benefits of Unionism
Collective Bargaining Agreements
Union Security Vs. Right To Work States
Chapter 3
Page 17
What Is A Shop Steward
Duties Of A NEMSA Shop Steward
Your rights And Protections As A NEMSA Shop Steward
Fairness… Your Biggest Responsibility
Welcoming New Employees
Chapter 4
Page 23
The Nuts and Bolts Of Being A Shop Steward
THE NLRA
THE NLRB
WEINGARTEN RIGHTS
PROGRESSIVE DICIPLINE
THE SEVEN TESTS OF JUST CAUSE
PAST PRACTICE
THE GRIEVANCE
THE ULP
DUTY OF FAIR REPRESENTATION
Chapter 5
Page 43
Understanding The Parts Of A Grievance
Principles Of Grievance Writing
Critical Thinking With Grievances Exercise
Chapter 6
Page 49
Practice Grievance Scenarios
The NEMSA Grievance Form
The NEMSA Grievance Wrangler
The NEMSA Grievance Timeline Extension Form
Chapter 7
Page 78
Meeting With Management
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Chapter 8
Page 66
Membership Dues, Fees, And Member Only Benefits
Chapter 9
Page 82
Three Steps In Active Listening
Chapter 10
Page 83
Work Actions
Strike Actions
Methods Used By Employers To Deal With Strikes
Striking… An Option Of Last Resort
Chapter 11
Page 94
Organizing Your Workplace
Planning
Getting Members Active And Involved In Union Activities
The “Organizing” Way To Use Union Literature
Chapter 12
Page 101
Shop Based Internet Web Page Administrator Guide
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Introduction
The NEMSA Shop Steward Reference and Training Guide
The NEMSA Shop Steward Reference and Training Guide will help you to effectively
deal with situations you may encounter as a shop steward. It is designed as a training
manual for new shop stewards and a reference manual for any NEMSA shop steward.
The NEMSA Shop Steward is a multi-faceted individual who fills many different roles.
As a shop steward you will be a counselor, communicator, contract enforcer, union
organizer, and employee representative. At times you will fill all of these roles, but being
a workplace organizer and employee representative will occupy the majority of your
time. Because of this, the emphasis of this guide will be on the daily hands-on challenges
you will face.
Being a shop steward requires finesse and diplomacy, the understanding and
comprehension of basic legal processes and strategies, professionalism and the ability to
read between the lines. It is also important to be honest with the members you represent.
Do not promise a certain outcome you may have no control over.
It is important to understand that you may fail at your task at some point. Nobody wins
every case. It is also important to understand that being a shop steward can cause great
frustration at times, either because management is difficult to deal with or because
members may be telling you only half the story. But it will also be the most rewarding
experience you have during your EMS career. Saving someone’s career is possibly
second only to a “field-save” in this business.
The staff at NEMSA strives to make this guide and its shop steward training courses as
informative, educational and supportive as possible by using real world examples. After
reading this guide and completing the accompanying training course, you will have the
ability to handle simple cases under the direct supervision of a more experienced shop
steward in your operations area until you are experienced enough to deal with more
complex cases on your own. No matter what, remember that you are not alone. Paid
NEMSA staff and attorneys support Shop Stewards.
NEMSA’s motto of “ Strength through Service” is the secret to this union’s success. As a
shop steward, you are first and foremost a servant to the members. If your actions and
attitude reflect your union’s motto, then you will be a true asset to your members.
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Chapter 1
NEMSA History
NEMSA Mission Statement
NEMSA Structure
1.1
NEMSA History
The National Emergency Medical Services Association (National EMS Association or
NEMSA) was created by EMS professionals from the American Medical Response
Northern California Bargaining Unit. This bargaining unit is the largest private EMS
bargaining unit in the USA and is made up of EMTs, Paramedics, CCT RNs, Dispatchers,
and billing/support staff.
Under the representation of Service Employees International (SEIU Union Local 250),
worksite leaders became increasingly frustrated with years of poor representation and
poor service to members. Worksite leaders tried engaging SEIU in ways to improve the
quality of representation and increase attention on EMS related issues and problems.
Worksite leaders tried getting involved in greater and greater ways, including working for
SEIU in an attempt to influence SEIU to serve EMS professionals. However the
concerns of EMS workers, including EMS members of SEIU’s own staff, fell on deaf
ears. EMS made up less than 2% of SEIU Local 250’s membership base and less than
1% of SEIU’s total membership.
After years of doing everything they could to focus SEIU attention to EMS workers and
EMS related issues, SEIU still had not responded with even an acknowledgement of what
members were concerned about. Finally, EMS worksite leaders formed NEMSA with the
intent of creating a 100% EMS labor organization.
NEMSA is made up of and run by EMS workers who have decades of EMS union
expertise. All resources go to the members not to parent unions, partner unions,
international unions, or labor coalitions like AFL-CIO or Change To Win. We are
structured to allow the members to truly run the union. NEMSA hires the best labor
lawyers in the country. We have brought in professional negotiators, experts on
retirement, and health insurance experts to assist us with our contracts. NEMSA is
committed to elevating the public image of EMS professionals beyond that of
“ambulance driver.” We are 100% focus on EMS and EMS only, giving us the focused
strength that we need to make EMS a career and not just a job.
Notice that we say “we.” NEMSA is you and I, all of us. We are NEMSA and not some
faceless umbrella organization where the members simply don’t matter.
Since we came together and formed NEMSA in February 2004, we have more than
proven that EMS workers can run our own union. We have done more for EMS than any
union has in the last 15 years. We have negotiated the best EMS contracts in the country.
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EMS workers from across the U.S. are signing petitions to oust SEIU, Teamsters,
IAEP, and others to join NEMSA.
1.2 NEMSA MISSION STATEMENT
The objectives of NEMSA shall be to elevate Emergency Medical Service (EMS)
providers and related services as a profession, by the fostering and encouragement of a
high degree of skill and efficiency; by the cultivation of friendships and cooperation
among its members, public officials, members of governmental agencies and citizens of
our community; by the elevation and continual improvement of the physical, spiritual,
moral, intellectual, social and economic conditions of its members and fellow workers;
by striving to maintain a good public relations program and activities at all times; by
promoting proper remuneration commensurate with duty performed and services
rendered; to promote and foster a spirit of helpfulness an cooperation among the
members, fellow citizens, merchants, and the Employers of its members.
1.3 NEMSA STRUCTURE
NEMSA is built from the ground up. Because of NEMSA’s structure, members elected
to national and local offices make up the leadership of NEMSA. This makes NEMSA a
true representative democracy. NEMSA is led by its members.
LOCAL LEADERSHIP
NEMSA’s bargaining units are called shops and are structured to allow local control and
leadership at your worksite. Shop stewards are elected by the workforce in general, and
Chief Shop Stewards are chosen from amongst shop stewards. The following diagram
shows the leadership structure of local NEMSA shops.
Chief Shop Steward and Shop Stewards act as a local leadership committee called a
Stewards Council.
Chief Shop Steward
Shop Stewards
Members
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Supported By:
Labor Relations
Representatives
For Larger NEMSA Shops: Division Chiefs form Chief Stewards Council
Chief Stewards Council acts as a local leadership committee.
Division
Chief Shop
Steward
Division
Chief Shop
Steward
Division
Chief Shop
Steward
Shop Stewards
Shop Stewards
Shop Stewards
Members
Members
Members
Supported By Labor
Relations
Representatives
THE SHOP STEWARD
The shop steward is the backbone of a NEMSA shop. The shop steward is part of a
leadership team known as a Stewards Council.
THE CHIEF SHOP STEWARD
The Chief Shop Steward as well as any Assistant Chiefs or Scribe (secretary) have an
additional leadership role. They are shop stewards elected to their positions by other
shop stewards; however, their position is not one of power or decision-making. Rather,
the Chief Shop Steward is a servant, agreeing to serve the shop stewards by taking on
additional responsibilities associated with bargaining unit management.
NATIONAL LEADERSHIP
NEMSA members elect fellow members to national leadership roles. This way NEMSA
is truly a 100% EMS organization. National elections for officers and regional directors
occur based on the NEMSA Bylaws. The NEMSA Board of Directors is elected from
amongst the members and provides leadership and oversight to NEMSA.
NEMSA Members Throughout The Nation
Support Staff
Elected By Membership
President, Vice President, Secretary, Treasurer
Regional Directors
Elected Officers and Directors form NEMSA Board of Directors
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President: Responsible for oversight of NEMSA. Oversees paid NEMSA support staff
and all functions of NEMSA.
Vice President: In absence or disability of the President, the Vice President is
responsible for oversight of NEMSA and oversees paid NEMSA support staff and all
functions of NEMSA.
Secretary: Responsible for minutes related to NEMSA meetings and the oversight of
NEMSA-related records as required by the bylaws or state/federal law.
Treasurer: Responsible for the oversight of NEMSA financial documents and records as
required by NEMSA bylaws and state/federal law.
Regional Director: Elected by members of a specifically defined geographical NEMSA
region, Regional Directors are full voting members of the NEMSA Board of Directors.
NEMSA SUPPORT STAFF
Serving the members are NEMSA Support staff. Employed by the Board of Directors,
these include Labor Relations Representatives, Legal Staff and Administrative Staff.
The Board of Directors may also opt to hire an Executive Director, to oversee the day-today operations of NEMSA.
Each NEMSA shop is assigned at least one Labor Relations Representative to assist the
shop stewards in the day-to-day operation of their NEMSA shop. Labor Relations
Representatives provide the support and resources necessary to help shop stewards do
their jobs.
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CHAPTER 2
WHAT IS A LABOR UNION?
SERVICE VS ORGANIZING MODEL
THE BENEFITS OF UNIONISM
COLLECTIVE BARGAINING AGREEMENTS
UNION SECURITY STATES VS. RIGHT TO WORK STATES
2.1 WHAT IS A LABOR UNION?
LABOR UNION: NOUN: AN ORGANIZATION OF
WAGE EARNERS FORMED FOR THE PURPOSE OF
SERVING THE MEMBERS’ INTERESTS WITH
RESPECT TO WAGES AND WORKING CONDITIONS.
A union is an organization of workers. A union, through its leadership, bargains with the
employer on behalf of union members (rank-and-file members) and negotiates labor
contracts with employers. This may include the negotiation of wages; work rules;
complaint procedures; rules governing hiring, firing and promotion of workers; benefits;
workplace safety and policies. The agreements negotiated by the union leaders are
binding on the rank-and-file members, the employer and, in some cases, on other nonmember workers.
Most unions claim a right of exclusivity. The union has the authority to determine who
may be a member of the union and who may not. Most unions assert a right to mandate
that only its members, and no others, may be permitted to work at certain jobs.
Furthermore, the union contract is exclusive with regard to the employer; an employer is
generally not permitted to seek out the services of another labor union or hire another
competing labor union even if he is dissatisfied with the performance of the current labor
union.
TYPES OF UNIONS
There are many types of unions; however, for the purposes of this guide, attention will be
focused on the three major types of unions found in the United States of America.
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Craft Unionism
General Unionism
Industrial Unionism
NEMSA is a craft union. Craft unions are made up of a particular type of skilled workers
who perform the same or similar tasks. Examples of Craft unionism include the
International Association of Fire Fighters (IAFF), American Federation of Teachers
(AFT), the National Education Association (NEA), American Postal Workers Union, and
others. The craft or trade specific focus gives these unions special abilities to negotiate
labor agreements and to achieve industry specific contracts that serve the particular needs
of their members.
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General unions are made up of a cross section of workers from various unrelated trades.
These general unions are umbrella organizations that represent people from various
different professions and find their strength through size rather than familiarity with a
specific trade or job. Examples of general unions include the International Brotherhood
of Teamsters (IBT or Teamsters), Service Employees International Union (SEIU),
National Association of Governmental Employees (NAGE), and others.
Industrial unions are made up of a specific type of skilled worker in a specific industry.
These unions typically are made up of workers with the same or similar training and skill
sets. However, they are more diverse than craft unions and may contain other workers
with related skills and training. Examples of Industrial Unions include the International
Industrial Workers of the World (IIWW), Western Federation of Miners, American
Railway Union, and others.
UNION FEDERATIONS
Unions will commonly band together into conferences or federations to increase their
influence and unity. Conferences and federations generally have agreements amongst
their member unions to not raid or steal members from each other, to honor member
unions’ work actions, and to be in partnership in regards to political activities. Examples
of conferences and federations include the American Federation of Labor and Congress
of Industrial Organizations (AFL-CIO), the Change To Win Coalition, and others.
SOCIAL AND POLITICAL UNIONISM
Unions generally in federations or conferences may also engage in broader political or
social struggle. Social unionism encompasses many unions that use their organizational
strength to advocate for social policies and legislation favorable to their specific goals.
Unions in some countries are closely aligned with political parties, and in the USA many
are a major source of campaign fundraising and political activism for candidates in local,
state, and national elections.
2.2 SERVICE VS. ORGANIZING UNION MODEL
The operating model they are structured on can also delineate unions. The service model
and the organizing model are both commonly used in American unionism. The service
model union focuses more on giving full customer service to members and providing for
members’ needs, maintaining worker rights, providing services, and resolving disputes.
Alternately, the organizing model focuses on organizing workplaces and building unity,
building up worker confidence, developing strong networks of unified workers, and
building leaders within the workforce. Many unions are a blend of these two
philosophies, and the definitions of the models themselves are still debated.
NEMSA is a combination of the two models but generally is considered to use the
organizing model as a primary operating basis. Thus this guide and any associated
classes will focus primarily on the organizing model as a path to success.
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2.3 THE BENEFITS OF UNIONISM
There are many benefits to being in a union. Each union and each union contract are
unique and the benefits found within each contract across the nation are too numerous to
list. However, according to the US Government, the benefits of union membership are
clear.
Benefits Of Unions
By The Numbers
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2.4 COLLECTIVE BARGAINING AGREEMENT
A Collective Bargaining Agreement (CBA) or contract is a legal and binding business
agreement between employer and union covering wages, benefits and working
conditions. Collective Bargaining Agreements (CBA) cover many areas of employment.
WAGES AND HOURS
Wage and hour provisions are pretty much the heart of a union contract. These provisions
spell out how many hours an employee must work to earn a certain income. They also
spell out how much an employee will be entitled to receive if she or he works overtime
(more hours than the standard workweek). Most union contracts contain a salary/wage
schedule. Some union contracts contain Seniority Based Pay Step Increases. This means
that as an employee spends more years on the job, gains more experience or completes
higher educational requirements, she or he will move from step to step, increasing her or
his income along the way.
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WORK REPONSIBLITIES
Job descriptions that spell out exactly what each employee is required to do are generally
formulated by management, not by unions. They are generally not included in union
contracts. In some cases a union contract may state what tasks employees in different job
titles cannot be asked to do.
WORKING CONDITIONS
Contracts will commonly detail working conditions that the employer agrees to maintain
with the union for the duration of the contract. Sometimes certain work rules are
included amongst these working conditions. Other times, employee amenities or
employer practices are memorialized in a contract. This allows workers to feel stability
and have protection against the employer unilaterally changing work rules or working
conditions.
SENIORITY
Seniority is another key feature in many union contracts. Usually seniority is within a job
title. Seniority provisions allow long-term employees to retain their jobs over newer
employees during periods of budget cuts, layoffs or other employee cutbacks. Seniority
provisions also determine who will have the first opportunity to apply for job openings.
More often than not, the employee with greatest seniority has the strongest chance to
obtain the job.
GRIEVANCE PROCEDURES
Grievance provisions set forth the means by which employees can file complaints
alleging violations of the contract. She or he may allege that because the contract has
been violated, he or she has been treated unfairly or suffered some form of
discrimination. Usually the procedure involves a written complain, followed by several
hearings. If no satisfactory result is reached, the complaint may go to arbitration for final
decision.
2.5 UNION SECURITY STATES VS. RIGHT TO WORK STATES
The union landscape throughout the USA is further divided depending upon which state a
union shop is in. Depending upon the laws of individual states, a state can either be a
Union Security State or a Right To Work State.
In Union Security States, it is legal for a union to have a contract clause for a “closed
shop,” meaning that all employees represented by a union must maintain union
membership in the union or pay appropriate and legal “fair share” fees if opting nonmembership. This can be a condition of employment.
In Right To Work States, being represented by a union is completely optional and cannot
be considered a condition of employment. Union security clauses are not legal in these
states.
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Labor unions and activists generally refer to “right to work” states as “RIGHT TO
WORK FOR LESS” states due to the lack of cohesiveness and unity in workforces found
in those states. Unions have significantly less influence in Right To Work states, and
workforces are generally more divided.
Right To Work States
Union Security States
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Chapter 3
WHAT IS A SHOP STEWARD
DUTIES OF A NEMSA SHOP STEWARD
YOUR RIGHTS AND PROTECTIONS AS A NEMSA SHOP STEWARD
FAIRNESS… YOUR BIGGEST RESPONSIBILITY
WELCOMING NEW EMPLOYEES
3.1 WHAT IS A SHOP STEWARD
Union Steward (a.k.a Shop steward) is the title of an official position within the
organizational hierarchy of a labor union. Its uniqueness lies in the fact that rank-and-file
members of the union hold this position voluntarily (through democratic election by
fellow workers or sometimes by appointment of a higher union body) while maintaining
their role as an employee in the bargaining unit. As a result, the Union Steward becomes
a significant link and conduit of information between the union leadership and rank-andfile workers. The shop steward also becomes a spokesperson for the union and through
words and actions can set precedents, make agreements, and effect or change working
conditions.
3.2 DUTIES OF A NEMSA SHOP STEWARD
As a NEMSA shop steward, your job involves much more than handling grievances.
Grievances are important. They are often the most visible and dramatic aspect of
NEMSA’s presence. Sometimes they’ll take up most of your time.
However grievances should never be confused with your chief responsibility as a shop
steward: to build a united, organized, and involved membership in your
workplace.
Without this involvement and solidarity, not even NEMSA and its experienced staff can
always effectively protect and serve its members. So you must be a leader in your
workplace. And as a leader in the workplace, you’ll have your hands full.
That’s because NEMSA stewards are:
Organizers–This is perhaps the most important role as a shop steward. It doesn’t just
mean signing up new members, although it includes that. It means NEMSA stewards are
responsible for organizing the whole workplace to improve the wages, benefits and
working conditions as a united group.
Problem Solvers–You’re the person workers turn to with their problems. It might be a
work-site hazard. Maybe someone’s been fired, or perhaps layoffs are threatened. It
might be just a new employee with a question. Perhaps you can solve the problem with a
friendly word, or maybe you’ll organize a worksite action or file a grievance. Problems
don’t go with your territory. They are your territory.
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Educators and Communicators–The contract. The health insurance plan. What’s a
ULP? How can I do this? Why did they do that? It’s a complicated world, and your
members are counting on you to help them make sense of it. Equally important, NEMSA
support staff and labor representatives are counting on you to help them keep in touch
with your co-workers. You work with them every day. They don’t. It’s a team effort, and
you’re the quarterback.
Worksite leaders–You are the standard bearer. You’re the one who’s not afraid to speak
up to management. You make unity happen, and you never let anyone forget NEMSA is
at your worksite.
The sections that follow will explain some of your different jobs in more detail. For now,
it’s enough that you understand and accept your wide responsibility in the workplace and
remember that your primary duties are to organize and to solve problems. You’ll see
later how those duties go hand in hand.
! Grievances can take a long time. This is frustrating and can take away
momentum and power. Organizing actions with our co-workers can help us more
quickly win the resolutions we want. We can file a grievance while at the same
time applying pressure on the boss through job actions.
! Sometimes there isn’t a contract violation, but the issue is still important to
us. Organizing is the ONLY way to resolve it.
! Organizing around our issues builds workers’ power. It builds solidarity and
union visibility at work. It sends a message to the boss to not disrespect our
rights.
…And It’s Fun!
A union is a group of people acting together. It’s no accident that when
that happens, everyone feels better about themselves, their jobs and the
union.
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THINGS A NEMSA SHOP STEWARD SHOULD HAVE
You’ll need to have a lot of information close at hand, both at work and at home. (Some
stewards carry a notebook; others carry electronic devices.)
You and your chief steward or NEMSA representative should check out your materials to
make sure you have everything you need. Here are some possibilities:
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A list of the workers you serve as a steward, including name, address, telephone
number, email address, job title, and shift schedule
A seniority list of your workers (if applicable)
The contract and any side letters.
NEMSA constitution and bylaws
Employer Regional or National Policies (if applicable)
Employer Local Policies
Civil service rules (if applicable)
An organization chart of managers and supervisors.
Organizing materials for new members and new employees
Grievance and Investigation Reports and forms
Employer defined job descriptions for your shop
Your local NEMSA support staff, labor representative and legal counsel will also have
other valuable information including:
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Federal and State health and safety regulations
Federal and state labor laws and court decisions
Information on past investigations, grievances and arbitrations
Lists of references, resources and other helpful materials available from
NEMSA’s legal team
3.3 YOUR RIGHTS AND PROTECTIONS AS A SHOP STEWARD
When you’re dealing with management on NEMSA business, you deal with the employer
as an equal. That’s why the National Labor Relations Act and state labor boards
specifically protect you (and other NEMSA leaders) from punishment or discrimination
by management because of your NEMSA activity.
It is illegal to an employer to:
• Deny you promotions or pay opportunities
• Isolate you from other workers
• Saddle you with extra work or unusually tough assignments
• Deny you overtime opportunities
• Enforce work rules unfairly against you or harass you with extra supervision
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Your contract may also spell out your rights, and perhaps you are additionally covered
by state and local ordinances if you’re a government (publicly funded) EMS worker. If
your employer tries to discriminate against you in this way, it’s a violation of federal law.
3.4 FAIRNESS – YOUR BIGGEST RESPONSIBILITY
NEMSA is required by law to represent all workers in the bargaining unit fairly and
completely. It’s legally known as the Duty of Fair Representation (DFR) and will be
expanded on in other chapters of this guide. You must represent all workers fairly
regardless of their race, religion, nationality, age, gender, sexual orientation, disability, or
creed.
You may even find that you have to represent workers who oppose NEMSA, as well as
those who are unpopular, difficult to work with, or create discord in the workplace. This
doesn’t mean NEMSA can’t lose a grievance or make a mistake. It does mean that every
action you take must be free from bias or the appearance of bias:
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Your investigations of every problem or incident must be fair and complete.
Workers must be kept informed about each step you take on their behalf.
Never lose a grievance because a time limit ran out.
Cases must be based in facts, not opinion or the personalities involved.
It is very important to keep detailed records of your activities as a steward including
phone calls, interviews, letters, contacts, and decisions. Without such documentation, it’s
far more difficult for NEMSA support staff and attorneys to defend a DFR case if one
should occur.
OVERWHELMING DUTIES?… NOT WITH TEAMWORK.
You will be asked to perform many different duties as a shop steward. At times it can be
overwhelming. The following list is some of the more important things NEMSA
stewards do. There are many other things not listed that you may also do.
The important thing to remember when feeling overwhelmed is that teamwork is
necessary to serve the people in your shop. Some areas assign shop stewards to a set
number of employees. Some areas elect stewards and then delegate them to handle
certain matters. Some ask NEMSA support staff to handle the steps of certain grievances.
You don’t have to learn your duties all at once. And you’ll always have more experienced
stewards and NEMSA staff to help you. The key is communication with other stewards
and teamwork to successfully serve your shop.
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A Shop Steward Team Should:
get to know all the workers in your unit.
provide a New Hire Orientation presentation when possible.
greet new members and help them get oriented.
encourage workers to join NEMSA.
convince workers to join NEMSA. (This is not a misprint.)
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recruit and lead volunteers.
play a leading role in shop steward meetings. Keep the members informed.
get committees going and attend committee meetings, guiding them when need be.
keep updated phone and email lists of your members.
learn all the problems in the workplace. Problems won’t become problems if you are
on top of things.
investigate grievances.
interview all new hired members.
write and file grievances.
negotiate with management. This can range from informal talks with supervisors to
arbitration hearings, formal contract bargaining and labor/management committee
assignments.
maintain files and record.
keep updated address, phone and email information on your members.
work on contract campaigns.
organize rallies, vigils, work actions, petitions, parades, demonstrations, and other
activities.
work on newsletters, leaflets, press releases, picket signs, buttons, stickers, bulletin
board displays, whatever.
attend steward training classes.
do NEMSA sponsored charity work and works in the community. Inspire others in
your bargaining unit to do the same.
inspect the worksite for health and safety problems, know where the OSHA 2000 Log
is posted, file federal and state OSHA (Occupational Safety and Health
Administration) violation reports, and accompany inspectors on site visits.
You don’t have to do this all yourself. Don’t be shy about asking individual members to
help you out. It’s one way to get them involved.
3.5 WELCOMING NEW EMPLOYEES
Remember your first day on the job? Everybody is nervous and unsure of himself or
herself on the first day of a new job. That’s why one of your foremost tasks is to
welcome new workers.
NEMSA has created a New Hire Orientation Welcome Guide to help with introducing
the concepts of organized labor, NEMSA representation, and how NEMSA works to new
NEMSA members. Remember many people have never been unionized before and do
not understand what unions are, how they work and how NEMSA is different. Your
Chief Shop Steward is responsible for ordering these guides from NEMSA. Giving these
guides to new employees is a great way to inform them. Still, nothing works better than
talking to new employees. As a shop steward, you are organizing your workforce every
day and that includes new employees. Printed information is just a supplement for your
efforts to communicate to new members.
21
Some new EMS workers may be uninformed about the “good things” unions do, so
they may initially hostile to NEMSA membership. This doesn’t let you off the hook. It
just means you’ll have to grit your teeth and put forth an effort to be friendly and helpful.
In the end, remember that your PRIMARY duty as a shop steward is to build a united,
organized, and involved membership in your workplace. This starts with new
employees!
THINGS YOU MIGHT WANT TO INCLUDE IN YOUR CONVERSATION
WITH THE NEW EMPLOYEE:
•
•
•
•
•
Get to know each other. Where did they work before? Where do they live now?
Do they have a family? Hobbies? Sports? Start off by listening.
Offer information: where the vending machines are (and what not to buy), where
to go for happy hour, what the boss is like, who runs the football pool, how to get
in on ride-sharing.
Give the new worker a welcome packet if you have one. If not, be sure they
receive a copy of the contract and explain its important provisions to them.
Explain that the benefits at your job are provided by the NEMSA contract, not at
the benevolence of the employer. Wages, health care, holidays, and a voice on the
job are all theirs because NEMSA is the representative of the employees.
During the conversation, remember that you want the employee to begin
identifying with NEMSA. Whenever the worker has a problem, you are the
person to see, not the supervisor. NEMSA is the members, the people right there
all around you, not some unknown outsiders. If you get these two ideas across,
you’ve done your job.
MAKE SURE THE NEW EMPLOYEE HAS YOUR NAME AND PHONE
NUMBER, AND ENCOURAGE THEM TO CALL IF THEY HAVE ANY
PROBLEMS.
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CHAPTER 4
THE NUTS AND BOLTS OF BEING A SHOP STEWARD
4.1 THE NUTS AND BOLTS OF BEING A SHOP STEWARD
THE STEWARDS’ TOOLS OF THE TRADE
1.
2.
3.
4.
5.
6.
7.
8.
9.
THE NLRA
THE NLRB
WEINGARTEN RIGHTS
PROGRESSIVE DICIPLINE
THE SEVEN TESTS OF JUST CAUSE
PAST PRACTICE
THE GRIEVANCE
THE ULP
DUTY OF FAIR REPRESENTATION
SECTION 1: THE NLRA
THE NATIONAL LABOR RELATIONS ACT
“EMPLOYEES SHALL HAVE THE RIGHT TO SELF-ORGANIZATION, TO FORM, JOIN
OR ASSIST LABOR ORGANIZATIONS, TO BARGAIN COLLECTIVELY THROUGH
REPRESENTATIVES OF THEIR OWN CHOOSING, AND TO ENGAGE IN OTHER
CONCERTED ACTIVITIES FOR THE PURPOSE OF COLLECTIVE BARGAINING OR
OTHER MUTUAL AID AND PROTECTION.” Section 7 of the National Labor Relations Act
THE NATIONAL LABOR RELATIONS ACT.
Congress enacted the National Labor Relations Act (NLRA) in 1935. It was hailed at the
time and for many years after as the Magna Carta of American labor. Previously,
employers had been free to spy on, interrogate, discipline, discharge, and blacklist union
members.
The NLRA guaranteed workers the right to join unions without fear of management
reprisal. It created the National Labor Relations Board to enforce this right and prohibited
employers from committing unfair labor practices that might discourage organizing or
prevent workers from negotiating a union contract.
23
The most important sections of the NLRA are Sections 7-8-9. Section 7 is the heart of
the NLRA. It defines protected activity. Stripped to its essential, it reads: Employees
shall have the right to self-organization; to form, join, or assist labor organizations to
bargain collectively through representatives of their own choosing; and to engage in other
concerted activities for the purpose of collective bargaining or other mutual aid and
protection.
Section 7 applies to a wide range of union and collective activities. In addition to
organizing, it protects employees who take part in grievances, on-the-job protests,
picketing, and strikes.
Section 8 defines employer unfair labor practices.
Five types of conduct are made illegal:
• Employer interference, restraint, or coercion directed against union or collective
activity (section 8(a)(1))
• Employer domination of unions (section 8(a)(2))
• Employer discrimination against employees who take part in union or collective
activities (section 8(a)(3))
• Employer retaliation for filing unfair labor practice charges or cooperating with
the NLRB (section 8(a)(4))
• Employer refusal to bargain in good faith with union representatives
(section8(a)(5))
Threats, warnings and orders to refrain from protected activities of interference and
coercion violate section 8 (a) (1). Disciplinary actions, such as suspensions, discharges,
transfers, and demotions violate section 8 (a)(3). Failures to supply information,
unilateral changes, refusal to hold grievance meetings, and direct dealings violate section
8(a)(5).
Section 9 provides that unions, if certified or recognized, are the exclusive representatives
of bargaining unit members. It prohibits the adjustment of employee grievances unless a
union rep is given an opportunities to be present and establishes procedures to vote on
union representation.
SECTION 2: THE NLRB
THE NATIONAL LABOR RELATIONS BOARD
The National Labor Relations Board (NLRB) is an independent agency of the United
States Government charged with conducting elections for labor union representation and
with investigating and remedying unfair labor practices. Unfair Labor Practices may
involve union related situations or instances of protected concerted activity. A fiveperson board and a General Counsel govern the NLRB, all of whom are appointed by the
President with U.S. Senate consent. Board members are appointed to 5-year terms. The
General Counsel acts as a prosecutor, and the Board act as an appellate judicial body
from decisions of administrative law judges. The NLRB was established in 1935 through
24
passage of the National Labor Relations Act, which was amended by the Taft-Hartley
Act in 1947.
SECTION 3: WEINGARTEN RIGHTS
WEINGARTEN RIGHTS
In 1975 the United States Supreme Court, in the case of NLRB v. J.Weingarten, Inc., 420
U.S. 251 (1975), upheld a NLRB decision that employees have a right to union
representation at investigatory interviews. These rights have become known as the
Weingarten Rights.
During an investigatory interview, the Supreme Court ruled that the following rules
apply:
• Rule 1: The employee must make a clear request for union representation before
or during the interview. The employee cannot be punished for making this
request.
• Rule 2: After the employee makes the request, the employer must choose from
among three options. The Employer must either: grant the request and delay
questioning until the union rep arrives and has a chance to consult privately with
the employee; deny the request and end the interview immediately; or give the
employee a choice between having the interview without representation or ending
the interview.
• Rule 3: If the employer denies the request for union representation and continues
to ask questions, it commits an unfair labor practice and the employee has a right
to refuse to answer. The employer may not discipline the employee for such a
refusal.
As with all rights, if we do not use them, we lose them. The presence of a NEMSA
steward can be crucial, and both members and steward should be aware of their rights.
The employee and the steward have the right to know the subject matter of the interview.
The steward must be allowed to take the worker aside for a private pre-interview
conference before questioning begins. The steward must be allowed to speak during the
interview. The steward can request that the supervisor clarify a question so that the
worker can understand what is being asked. Before questions have been asked, steward
can give advice on how to answer. When the questioning ends, stewards can provide
additional information to the Supervisor. If Weingarten rules are complied with, stewards
have no right to tell workers not to answer questions or to give false answers.
Assertion of Weingarten Rights
Feel free to print and distribute! NEMSA provides shop steward business cards with this
statement printed on the back that can be given to people in your shop.
25
All NEMSA members are encouraged to carry the following message with them. In the
event they are denied representation and are required to meet with Management, the
employee should present this to a Supervisor.
Weingarten Statement
I believe this discussion could lead to my being disciplined. I therefore request that my
NEMSA representative or officer be present to assist me at the meeting. I further request
reasonable time to consult with my NEMSA representative regarding the subject and
purpose of the meeting. Please consider this a continuing request; without representation,
I shall not participate in the discussion. I shall not consent to any searches or tests
affecting my person, property or effects without first consulting with my NEMSA
representative.
SECTION 4: PROGRESSIVE DISCIPLINE
Progressive Discipline is a system of discipline where the penalties increase upon repeat
occurrences. This term is often used in an employment or human resources context
where, rather than terminating employees for first or minor infractions, there is system of
escalating responses intended to correct the negative behavior rather than to punish the
employee.
The typical stages of progressive discipline in a workplace are:
1. Counseling or a verbal warning
2. A written warning
3. Suspension or demotion
4. Termination
The stage chosen for a particular infraction will depend on a variety of factors that
include the severity of the infraction, the previous work history of the employee and how
the choice will affect others in the organization.
Progressive discipline and the NEMSA steward
Failure to by management to adhere to progressive discipline procedure constitutes a
substantial amount of the grievances you will be filing on behalf of a member. Often,
management has its own ideas of how progression is defined, and it will be up to you to
see to it that progression is consistent.
Progressive discipline should always be linear. If paramedic Smith is ten minutes late for
work and an hour later gets caught smoking a cigarette in the ambulance, management
cannot “stack” (or pancake) both violations into one discipline. Both violations have to be
seen and treated as separate violations.
Management should have a discipline matrix available that roughly outlines common
violations and the subsequent escalating discipline. Take being late for example. If a
member is late ten minutes, management may counsel the member or issue a verbal
warning. If late for a second time, then member may receive a written warning. If late a
26
third time, perhaps a suspension, and if late a fourth time, termination. However,
violations may lead to accelerated discipline if the member committed a more serious
violation, such as sexual harassment or fighting. These kinds of violations may lead to
termination on the first occurrence. Be mindful that past practice may also apply when it
comes to progressive discipline. If EMT Williams was issued a written warning for not
cleaning the ambulance six months ago, then EMT Smith should not receive a suspension
for committing the same violation today.
SECTION 5: THE SEVEN TESTS OF JUST CAUSE
The seven tests for “just cause” in discipline
When management issues a disciplinary action towards a NEMSA member, stewards will
likely be the first to be approached by the affected member with many questions. Usually
stewards will be asked questions about the discipline, such as, “Is this right?” or “Can
they do that”
NEMSA believes that all disciplinary actions should follow and “pass” the Seven (7)
Tests for Just Cause. All of NEMSA negotiated labor contracts refer to discipline for just
cause, but what does this really mean?
A NEMSA steward familiar with the work site of origin will need to determine the
answers to the following questions; in other words, they will need to “ask” of the
Employer if the answer to these seven questions (tests) is “YES.”
If it is, then management most likely did use “just cause” principles and the discipline
would likely be upheld if grieved.
Should the answer be “NO” to any one of the test questions, then management likely did
not use “just cause” and was wrong either in issuing the discipline in the first place or in
the level of disciplinary action assessed.
Over the years, many Arbitrators have used the following seven “test questions” to
see if management was fair and just in issuing a discipline.
THE SEVEN “JUST CAUSE” TEST QUESTIONS
Test 1: Is there a Rule governing the action of the employee?
The answer is usually yes to this question. That is why management issues a Policy and
Procedure Manual that gets distributed to everybody. The “Rule” can be language in the
Contract, in the P&P manual, in the past practice, or as governed by Law. Sometimes,
however, there has been no notification of a “Rule,” and the discipline should hold
accountable to all seven tests.
Test 2: Does the employee know the Rule?
It has to be a known rule and the employee must have a reasonable expectation of
knowing or being aware of the rule through other well-known means.
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Test 3: Was the Employee aware of the consequences for violating the Rule?
If it is not a known rule, then how can one know the consequences, right? You’ve
probably seen the words management likes to use this: “… further violations may lead to
discipline up to and including termination…” That’s why they use that terminology. The
employee need not know what level of discipline will be assessed for a violation, just that
there is a consequence.
Test 4: Did the Employer fairly and objectively investigate the violation?
Or did the Boss just take someone’s reported accusation or inference and issue a
discipline? The Employer has the role of investigator, lawyer, judge, and jury in
discipline, and therefore should be held to a very high standard of investigation. Failure
of management to do a complete, fair and objective investigation is unfortunately too
common. It is our job to investigate the investigation!
Test 5: Did the investigation provide clear evidence of guilt?
This one is pretty much self-explanatory. Remember that the “preponderance of
evidence” (or, what does the evidence reasonably imply?) carries more weight than
“beyond a reasonable doubt” in labor discipline.
Test 6: Has the Rule/ Discipline been applied evenhandedly and without
discrimination?
This one is important and really takes a degree of reasonableness to be fairly evaluated.
Did Joe get fired for coming in late, and Sally only got a warning? Is that fair? The
answer is perhaps. For instance, what does Joe's disciplinary history look like? Does he
have multiple violations in his p-file and seem to show a general disregard for work
rules? Then maybe the discipline is just. Or does the boss just not like Joe compared to
Sally?
Test 7: Does the punishment fit the crime (violation)?
Should someone lose their job because they once wore the wrong t-shirt under their
jumpsuit? Should someone get a verbal warning for coming to work intoxicated? It’s not
always this exaggerated, of course. Keep in mind that discipline should be viewed as a
step to remediation and improve performance and not just punishment for punishment’s
sake. Consider what a reasonable-minded group of peers would think is a fair discipline
considering all relevant facts.
SECTION 6: PAST PRACTICE
Collective bargaining agreements between unions and employers are more than a series
of written articles and sections. Under principles endorsed by the U.S. Supreme Court,
union contracts also include implied agreements.
Implied agreements (also called silent agreements or agreements by conduct) are
understandings between an employer and a union that are unwritten and unspoken.
Implied agreements primarily grow out of the actions of the parties in following an open
and consistent course of conduct, what is known as past practice. A failure to adhere to an
28
implied agreement is as much a violation of the contract as a failure to adhere to a
written provision.
Example: For over thirty years management has allowed Local 10 members to swap
shifts on holidays, even though this is not mentioned in the written agreement. The
duration, openness and consistency of the practice along with the employer’s failure to
object during bargaining constitute an implied agreement to continue the practice.
Why Don’t Employers and Unions Put All Their Understandings in Writing?
Employers and unions rely on implied agreements to establish the meaning of general or
ambiguous language, to avoid bargaining and to avoid amending the contract. Reasons
include:
! To establish the meaning of general or ambiguous contract language
Almost all written contracts contain general (lacking details) or ambiguous (unclear)
provisions. This may be due to hectic bargaining, poor draftsmanship or deliberate
vagueness. Rather than hammer out specifics at the table, the negotiators rely in implied
agreements to fill gaps and clarify meanings.
! To avoid bargaining on matters that are not in dispute
Every workplace has benefits and working conditions that the employer and the union
expect to continue despite their unwritten and often un-discussed nature. Common
examples include free parking, rest breaks and vending machines.
If all the terms of employment had to be put into writing contract, negotiations would be
painfully extended. Instead, the parties operate under an understanding that long lasting
benefits and favorable working conditions do not have to be stated to be part of the
agreement.
! To amend the contract
If a contract provision leads to problems that neither side anticipates, one solution is to
change the contract. There may be reasons, however, not to reopen bargaining. For
example, management or the union may be concerned that other issues will arise. As an
alternative, the parties may implement a mutually acceptable change without discussion.
This is called amendment by practice.
The Supreme Court On Past Practice
The U.S. Supreme Court explained the legal status of past practice in 1960:
“The collective bargaining agreement covers the whole employment relationship. It calls
into being a new common law—the common law of a particular industry or of a
particular plant… the industrial common law—the practices of the industry and the
29
shop—is equally a part of the collective bargaining agreement although not expressed
in it.
Use the Grievance Procedure to Preserve Past Practices
A past practice based in a mutual agreement between the parties is part of the contract. If
the employer ignores, departs from, changes, or eliminates the practice, the union can
grieve.
How can you tell whether a practice is based on a mutual agreement?
Your first step is to confirm that the conduct satisfies the threshold requirements of
longevity, repetition, consistency, knowledge, and acceptance. Next you must determine
which of three types of practice you are looking at. The categories include clarifying
practices, independent practices and conflicting practices.
1. Clarifying Practices
Clarifying practices implement general or ambiguous contract language. A clarifying
practice is almost always considered to be a mutual agreement.
2. Independent Practices
Independent practices relate to subjects not covered by the written agreement. An
independent practice that involves a worker benefit, such as free parking or time off
for union business, is usually considered a mutual agreement. An independent
practice that concerns a method of work or direction of the workforce, such as a work
schedule or a work assignment, is usually not considered a mutual agreement.
3. Conflicting Practices
Conflicting practices contradict language in the written contract. A conflicting
practice is usually not considered a mutual agreement. However, exceptions arise if
the practice is intended to amend the contract or if the practice causes a party to alter
its bargaining demands or otherwise change position to its detriment.
Grievances to enforce clarifying practices have the strongest legal standing. Grievances
regarding independent practices depend in the nature of the practice. Grievance to
enforce conflicting practices are the most difficult to win.
An employer’s elimination of a past practice may also violate the National Labor
Relations Act (NLRA). Under this law, before an employer can change a term or
condition that has a substantial impact on employees, it must give the union prior notice
and, if the union requests it, bargain to agreement or impasse before the policy is
implemented. An employer that unilaterally changes an established practice can be
ordered by the National Labor Relations Board (NLRB) to rescind the change.
30
Past practices grievances are well suited for group action. NEMSA stewards can:
• Encourage numbers of workers to file grievances on the matter
• Distribute leaflets about the dispute
• Circulate petitions, wear buttons
• Hold meetings during breaks
• Hold an informational picket before or after work during breaks (being sure not to
interfere with employees, suppliers, or shippers)
SECTION 7: THE GRIEVANCE AND ARBITRATION
Understanding, Writing, Enforcing… Wait A Minute. What is a grievance?
A grievance is specifically defined in your collective bargaining agreement. Generally, a
grievance is any violation of the contract; however, some contracts exclude some areas
from the grievance procedure while others allow a broader definition. Grievance
examples include:
1.
2.
3.
4.
5.
Violation of the contract (check contract for any exclusions)
Violation of past practices (explicit in some contracts, implied in others)
Violation of fair treatment (equal treatment)
Violation of federal and state laws (explicit in some contracts)
Violation of personnel rules or other management rules (Management must abide
by their own rules, unless those rules conflict with the collective bargaining
agreement.)
Burden of Proof:
For a disciplinary grievance, the burden of proof is with management.
For a contract violation, the burden of proof is with the union.
The Grievance
A grievance is a formal statement of complaint, generally against an authority figure.
Procedures for grievance are common in unionized organizations.
In a unionized organization, a grievance is a formal complaint against the employer, in
written format, usually filed by a union steward on behalf of a member of the local union.
It is typically understood as any difference arising out of the interpretation, application,
administration or alleged violation of the collective bargaining agreement that is in effect
at the place of employment, but it can also concern violations of common law such as
workplace safety regulations or a human rights code.
Ordinarily, unionized workers must ask their operations managers for time during work
hours to meet with a shop steward in order to discuss the problem, which may or may not
result in a grievance. If the grievance cannot be resolved through negotiation between
31
labor and management, mediation arbitration or legal remedies may be employed.
Typically, everyone with a grievance has a strict time lines, which must be met in the
processing of this formal complaint, until it is resolved. Employers cannot legally treat an
employee any differently whether he or she has filed a grievance or not. The difference
between a grievance and a complaint, in the unionized workplace, is whether the subject
matter relates to the collective bargaining agreement.
A grievance is made up of three parts:
Statement of Issue
This is the story, what happened. Be as simple, clear and concise as possible. Include the
minimum of facts and no argument.
Specific Contract Violation
Review the contract and include the violation article and section. Include all areas that
you reasonably believe may have been violated.
Remedy
This is what you want out of a grievance. Generally we can only ask for what we have a
right to under the contract. Of course, where possible we want to try to stretch those
rights. Avoid remedies that include supervisory apologies, penalties, etc.
Contract Enforcement: Investigating the Grievance
When investigating a grievance, it is important to not be pre-disposed to a particular point
of view. Your job is not to “find someone innocent” or “stand up for the employee” but
instead to find out what actually happened to the best of your ability. You must remain
neutral and conduct a fair and unbiased investigation.
This is where things become more difficult. Of course you will get information from the
grievant’s point of view. You must actively seek out information from other points of
view. You must verify information and make determinations of accuracy of information
from a variety of sources.
Places to look for information include:
• The contract—obviously the first place to look. Be sure to check into all relevant
sections.
• The Grievant—The person who is claiming the violation of the contract will have
information about why they believe their case is legitimate.
• Personnel Files—This is very important, particularly if discipline may be
involved.
• Witness—co-workers and others who may have witnessed an event or can tell you
about working conditions in a particular area. This includes witnesses who may
side with the employer.
• Company policies—Often companies have policies on absenteeism, work rules,
etc., which are not contained in the contract. these may be valid if they do not
conflict with the contract or past practice.
32
•
Past Practice—A past practice is a widespread practice that occurs over a long
period of time, which is known by both the Union and management.
The investigation is the most critical step in the process. Try to get all the facts before
meeting with management; however, if this is not possible, then plan on using the first
meeting with management as a way of gathering information.
The 5 W Questions… A Great Place To Start!
Who: is the grievant and who are other involved? Get the name, department,
home address, and phone number of the grievant, witness, etc.
When: did the incident or problem occur? Get the dates and times. Check
the time limits in the grievance procedure.
Where: did the grievance take place? Get the exact location. For some
grievances (e.g. health and safety problem), a diagram or photograph may be
desirable.
Why: is this a grievance? Why did the problem occur? Is there an
underlying problem that is not immediately obvious (discrimination or other
causes)?
What: does the grievant want? What is the appropriate remedy? What
specific contract section, law, past practice, or regulation has been violated?
33
Interviewing the Grievant
! Find a private area.
! Let the grievant “vent” for a few minutes if necessary.
! Let the grievant get through her/his story without
interruption.
! Repeat the story back to the grievant to see if you have
it right.
! Don’t assume that you have received enough
information from the grievant to make a decision about
the grievance. Remember, you’ve only heard one side
of the story and that from a biased source.
! Tell the member you have to complete your
investigation before knowing if a grievance has
occurred.
! If you plan on talking with management or co-workers
as part of your investigation, let the grievant know
beforehand.
! At the end of the interview explain the grievance
process to the member. Tell the member you need to
complete your investigation before you can commit to
filing the grievance. Tell the member you will get back
to them by a specific date… and then do it.
! If, after you complete your investigation you believe
there is not a legitimate grievance, go back and explain
that to the member. Discuss other methods for
resolving their problem. Explain the process for
appealing your decision.
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Unilateral Changes
A unilateral change occurs when the employer takes any action that affects a matter
within the scope of bargaining (wages hours, and other conditions of employment)
without having given the Union an opportunity to bargain before implementing the
change. A unilateral change, which violates the contract or a bona fide past practice, is
grievable. A unilateral change in an area where the contract is silent is subject to
bargaining unless:
!
!
!
the employer gives notice of the change, offers to bargain, and the Union
does not act on that.
the contract contains a strong management rights clause, which gives
management exclusive rights in that area, and a “zipper” clause.
the change does not impact on working conditions.
It is important for stewards to be alert to any changes in working conditions, which are
made without bargaining with the Union, and to challenge those changes.
Organizing support for grievances starts with communication!
!
!
!
!
Communicate with the other stewards when we get a complaint. We use
mailboxes, lockers, email lists, phone trees (and voice mails), brief visits
(walk-through), coffee or lunch briefings or any other communication
mediums that work for our group.
Meet monthly as a steward’s council. Report all grievances and discuss the
issues, problems and settlements of significance.
Communicate with our members about grievances. It is important that
members know about the issues with which our Union is dealing, the
challenges and in particular our victories. This increases the Union’s
presence and visibility, a major priority of our members. Verbal
communication and one-on-one are the ideal. However, just by providing
regular department or facility newsletters on the job that report pending
and resolve issues, we increase our education of the membership and our
Union’s overall visibility. Constantly reinforce that any violation of the
Contract violates all of our rights.
Ask our members to support grievances. We used to look at most
grievances as problems or issues of individual coworkers. The boss
effectively isolated grievances to that of the outside Union coming in to
support a “bad apple.” Employer’s minimize and undermine the
significance of grievances. We have learned that we cannot allow the
Employer to define the scope of our steward’s roles or allow them to
dictate how we process grievances. Experience shows that Employer’s are
much more compliant with the Contract and willing to resolve issues
where our membership is educated, active and supportive.
35
The Service vs. Organizing Union
Model of Handling Grievances
The Service Model
Weakening Workers’ Power
The Organizing Model
Strengthening Workers’ Power
1. Worker has problem and
views it only as a personal
gripe.
1. Worker has a problem but
understands that it is not just a
personal conflict but part of a
larger conflict between bosses
and workers.
2. Views the Shop Steward as an
insurance agent: “Solve it for
me. That’s what I pay dues
for, isn’t it?”
2. Views the steward as an
organizer who can help build
the collective power of the
workforce. Workers
understand that only by
sticking together can they get
their issues addressed and
enforce the contract.
3. The Shop Steward begins to
act like an insurance agent.
She/He processes the
complaint by relying on the
rules and regulations of the
grievance procedure, and/or
on a personal relationship
with management. “I was
able to work out a deal for
you, not as good as you
wanted but better than
nothing.”
3. Steward acts as an organizer
and figures out who if anyone
else is affected by the
problem as well as how to act
collectively to solve it.
Understands need to build
unity in the workplace. Uses
that unity as tool to create
change and address issues.
4. Steward might win with those
tactics and on issues that are
straightforward and matter of
fact, but might lose on
questions of contract
interpretation, and will
seldom win on issues that cost
management big bucks.
4. Backed by an educated and
organized workplace, the shop
steward tries to settle the
problem here and now with or
without a formal grievance.
The idea is to convince
management that they had
better not fool around with a
united, organized workplace if
they care about their service.
36
The Service vs. Organizing Union
Model of Handling Grievances Cont…
The Service Model
Weakening Workers’ Power
The Organizing Model
Strengthening Workers’ Power
5. Worker who wins grievance
feels lucky. Worker who
loses grievance gets angry
with steward and union, not
management. “I pay my dues.
What good is the union? It
doesn’t do a thing for me!”
5. Worker who wins grievance
feels vindicated. Sees the
union as standing up for
her/him. Worker who loses
grievance blames
management and sees loss as
part of the continuing struggle
between the union and
management. Is likely to
become increasingly informed
and involved in workplace.
6. The steward feels lucky to
win but gets angry with the
worker if the grievance is lost.
“See if I stick my neck out for
you again.”
6. The shop steward gets support
from workers who, because
they were in the fight, have a
deeper understanding of the
union vs. management
dynamics. She/He
understands the absolute
necessity of exhibiting union
influence and control of the
workplace, both formally and
informally.
7. The conflict/apathy
undermines the unity and
strength of the members.
Shop stewards, in frustration,
may just help “friends” and
only put in their best efforts
for those cases they believe
they can win. They may
ignore the ungrateful masses.
Workers continue to distrust
the union and become angry.
7. The more collective
understanding and action, the
less management has the
ability to get away with
questionable contract
language interpretations,
intimidation, harassing
members, and the creation of
inconsistent policy to punish
employees.
8. Management takes advantage
of the lack of unity, bickering,
and loss of confidence in the
union by increasing pressure
and trying to get away with
more and more in the
workplace.
9.
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Understanding Arbitration
Arbitration is a step found at the last step of a contracted grievance procedure.
Arbitration is a process where both Union and Employer present their “grievance”
argument to a neutral third party such as a labor judge, who then decides based on
available case evidence and arguments how to interpret contract language.
While not required, most contracts consider the decision of the arbitrator to be binding,
meaning that both union and employer are required to accept the arbitrator ruling as the
official interpretation of the contract and behave according to the arbitrator’s instructions
in regards to the case.
Arbitration is expensive, costing several thousand dollars per case. Most contracts
require the union and employer to split the cost of arbitration fifty-fifty. Some contracts
require the losing party to pay for 100% of the arbitration.
There exists no requirement in law or NEMSA contract that a case is required to be taken
to arbitration. Arbitrators are not EMS experts but rather are generally familiar with
labor law. Many factors lead to NEMSA approving a case for arbitration. A case that
outwardly appears potentially successful at arbitration may not seem as promising when
NEMSA legal staff and attorneys investigate, prepare witnesses and go through a case. A
case that may look “un-winnable” may actually have a high chance of success at
arbitration. Each case is handled on an individual basis.
Arbitration takes months to yield a decision on a case. Either side may attempt to make a
settlement offer to the other if they so desire. Based on the relative strength of cases, it is
common for both Union and Employer to offer settlements to avoid an uncertain
decision.
The number one factor for success at arbitration is the preparation, organization and
follow through by the Shop Steward. Shop stewards are commonly called as witnesses in
arbitration. Keeping good records and following through with a complete and thorough
investigation are the best ways to have success as an issue moves to arbitration.
SECTION 8: THE ULP
The Unfair Labor Practice
In the United States Labor Laws, the term unfair labor practice refers to certain actions
taken by employers or unions that violate the National Labor Relations Act (NLRA) and
other legislation. The National Labor Relations Board (NLRB) investigates such acts.
Definition of “unfair labor practice”
The NLRB has the authority to investigate and remedy unfair labor practices, which are
defined in Section 8 of the Act. In the broad terms, the NLRA makes it unlawful for an
employer to:
38
!
!
!
!
!
interfere with, restrain, or coerce employees in the exercise of their
rights to engage in protected concerted activity or union activities or
refrain from them. (Concerted activity is any activity where two or
more employees act in concert to protect rights provided for the Act,
whether or not a union exists.)
dominate or interfere with the formation or administration of a labor
organization.
discriminate against employees for engaging in concerted or union
activities or for refraining from them.
discriminate against an employee for filing charges with the NLRB or
taking part in any NLRB proceedings.
refuse to bargain with the union that is the lawful representative of its
employees.
The Act similarly bars unions from:
! restraining or coercing employees in the exercise of their rights or an
employer in the choice of its bargaining representative.
! causing an employer to discriminate against an employee.
! refusing to bargain with the employer of the employees it represents.
! engaging in certain types of secondary boycotts.
! requiring excessive dues.
! engaging in featherbedding.
! picketing for recognition for more than thirty days without petitioning
for an election.
! entering into “hot cargo” agreements.
! striking or picketing a health care establishment without giving the
required notice.
Not every unfair act amounts to an unfair labor practice; as an example, failing to pay an
individual worker overtime pay for hours worked in excess of forty hours in a week
might be a violation of the fair labor standards act, but it is unlikely to amount to an
unfair labor practice as well. Similarly, a violation of collective bargaining agreement,
standing alone, may not constitute an unfair labor practice unless the employer has not
only violated the contract but repudiated all or a significant portion of it.
Most importantly, when considering a ULP you must not act alone. Contract your
NEMSA Chief Shop Steward and Labor Relations Representative prior to filing a ULP!
SECTION 9: DUTY OF FAIR REPRESENTATION
Duty of Fair Representation
The duty of fair representation is the obligation, incumbent upon U.S. labor unions that
are the exclusive bargaining representative of workers in a particular group, to represent
all those employees fairly, in good faith and without discrimination. The duty of fair
representation was originally recognized by the United States Supreme Court in a series
of cases in the mid-1940’s involving racial discrimination by railway workers’ union
39
covered by the Railway Labor Act; however, it also applies to workers covered by the
NLRA and (depending on the terms of the statute) to public sector workers covered by
state and local laws regulating labor relations.
The duty applies to virtually every action that a union might take in dealing with an
employer as the representative of employees, from its negotiation of the terms of a
collective bargaining agreement, to its handling of grievances arising under that
agreement, to the right of the worker to enforce union constitutions.
The courts have taken, on the whole, a deferential approach to reviewing unions’
decisions challenged as a breach of their duty of fair representation. Recognizing that the
collective bargaining process typically requires compromises, which may favor some
workers at the expense of others, the courts have held that a union only breaches its duty
if it acts arbitrarily, in bad faith or discriminatorily. Practical considerations have also led
the courts to refuse to second-guess the unions’ decisions: if a court or jury could
substitute its judgment as to whether a particular grievance had merit, then unions could
not function, since their decisions would rarely be final in any practical sense.
Accordingly, the courts have refused to overturn union decisions as arbitrary so long as
they were based on a reasoned decision by the union, even if the court might believe that
this decision was wrong.
In recent years the courts and the NLRB have applied the duty of fair representation to
regulate the manner in which unions enforce the union security provisions of a collective
bargaining agreement. Unlike the standard applied to unions’ decisions concerning
grievance handling and collective bargaining negotiations, the courts and the Board have
regulated this area very extensively, specifying the types of expenses that a union can
include in the fees that it charges employees who choose not to join the union but are
required to pay dues under an agency shop or union shop clause, the accounting
procedures used to calculate those amounts, the procedures which the union and
employees must follow in the event that an individual worker objects to paying the full
amount of dues charged to members or challenges the union’s calculation of the lesser
amount that non-members can required to pay, and the procedures that the union must
follow before it can force the employer to fire an employee for non-payment of dues.
Even stricter standards are applied to unions covered by the Railway Labor Act and to
unions of governmental employees, but on constitutional grounds (rather than that of fair
labor representation).
The NLRB applies a similarity strict standard in reviewing unions’ enforcement of
exclusive hiring halls; i.e., those in which the employer is bound, by contract, to hire only
employees referred to it by the union. The NLRB requires unions to establish clear
procedures and to follow those procedures in order to minimize the likelihood that the
union would use a hiring hall procedure to exclude non-members or those in disfavor
with the union from the workplace. On the other hand, the NLRB generally applies the
more deferential standard to union decisions in the case of non-exclusive hiring halls, i.e.,
those in which the union has the power to refer applicants for employment but the
employer may also hire employees “off the street.” In those cases the union is barred
from acting arbitrarily, in bad faith or discriminatorily.
40
The NLRB recognizes the breach of the duty of fair representation as a violation of the
National Labor Relations Act. However, because the duty of fair representation was
originally created by judicial interpretation rather than as an expressed statutory
prohibition, employees covered by the National Labor Relations Act may sue their unions
directly, without being required to first exhaust any administrative procedures provided
under the NLRB. The same is true for workers covered by the Railway Labor Act, which
does not provide any administrative procedure for pursuing claims against a union.
Employees’ claims under either act are governed by a six-month statute of limitations.
The NLRB and the courts provide different remedies against unions that breach their duty
of fair representation. Because the Board usually does not have the jurisdiction to enforce
the collective bargaining agreement or to issue a remedial order against an employer that
has violated it, the NLRB often cannot award complete relief to employees. A court, on
the other hand, sometimes may order the union to pay attorneys’ fees to a successful
plaintiff. These distinctions do not apply to workers covered by the Railway Labor Act
since, as noted above, they have no administrative procedures to enforce their rights.
A union may, in some limited circumstances, require employees to exhaust any internal
appeals procedures provided under the union’s constitution before filing suit. Unions and
employers may also generally require employees to exhaust their rights under the
grievance arbitration procedures provided for under the collective bargaining agreement
before suing the employer for breach of contract. However, employees usually do not
have to exhaust such procedures if they are suing only the union, since very few
collective bargaining agreements even allow for the filing of a grievance against the
union by covered employees. To the extent that an employee might have a breach of
contract claim against a union arising out of its performance of its duty to represent that
employee, the courts will apply the same deferential standards and procedural
requirements that they would employ if the worker sued the union on a breach of the duty
of fair representation theory.
Duty of Fair Representation And The Union Steward
What does the Duty of Fair Representation mean to the Union Steward? As the Union
Steward you must:
! treat all members of the bargaining unit equally.
! consider all grievances on the basis of their merit, not on the
personality of the grievant.
! never discriminate against a member based on a race, religion, national
origin, handicap, age, sex, sexual orientation, ethnic background,
politics, Union involvement (or lack of involvement), or any other
protected reason when deciding whether to process a grievance.
! keep good records of all contact and activities conducted on behalf of
the grievant.
! be sure to file grievance within the time limits provided in the
grievance procedure.
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!
!
let the member know how to appeal if you decide not to process a
grievance.
ask your Chief Steward or field Representative when you are unsure
how to proceed.
The Duty of Fair Representation does not require that the Union process every member
complaint as a grievance, nor does it require that every grievance go to arbitration. It does
require the decision to process the grievance or go to arbitration be made based on the
objective facts, rather than on subjective feelings about the grievant, and that the steward
carry out the duties of office in a responsible and competent manner.
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Chapter 5
UNDERSTANDING THE PARTS OF A GRIEVANCE
PRINCIPLES OF GRIEVANCE WRITING
CRITICAL THINKING WITH GRIEVANCES EXERSIZE
THE NEMSA GRIEVANCE FORM
THE NEMSA GRIEVANCE WRANGLER SOFTWARE
GRIEVANCE TIMELINES ARE IMPORTANT… FOLLOW THEM
5.1 Understanding the Parts of a Grievance
A grievance is made up of three parts. They Are:
Statement of Issue:
This is the story, what happened. Be as simple, clear and concise as possible. Include the
minimum of facts and no argument.
Specific Contract Violation:
Review the contract and include the violation article and section. Include all areas that
you reasonably believe may have been violated.
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Remedy:
This is what you want out of a grievance. Generally we can only ask for what we have a
right to under the contract. Of course, where possible we want to try to stretch those
rights. Avoid remedies that include supervisory apologies, penalties, etc.
5.2 Principles of Grievance Writing
Use Planning Techniques
Define your issues; identify what you want and how to get it
Limit Statements To The Basic Facts
The purpose of the written grievance is to trigger the formal stages of the grievance
process and notify the employer of the basic facts, alleged violation, and requested
remedy.
Use Short, Positive Statements And Simple Descriptive Words To Write The
Grievance
Longer sentences are harder to understand and sometimes can be misinterpreted. They
take more time and skill to write well. Stick to short, clear sentences. Unless you are a
labor lawyer, don’t try to write like one! Write like you speak, make it clear and simple.
Keep Documentation And Argument Out Of The Written Grievance – Have It
Ready In Your Grievance File For When It’s Needed.
Examples: “Mary Smith was sent home for saying ^%$##^& to her supervisor.
However she did not say ^%$##^&, she said @!#@!, clearly not as bad an offense…” is
not a good statement on a grievance.
“Mary smith was disciplined without just cause on Tues, May 22nd” is appropriate.
Use Caution When Stating Specifics
When stating specific facts, use terms like “on or about February 14th”. This protects the
grievance from being invalid due to a technical error.
Use An Objective and Affirmative Approach
Use the third person (he, she, they) and avoid phrases such as “I think” or “I believe.”
State the union’s position strongly and positively but without personal attacks on
management.
44
Include All Contract Violations
Don’t limit your argument or the union to a single section of the contract. You can use
phrases such as “violates the contract, including but not limited to Article ____ Section
_____”. This may allow you to add additional violations later, if necessary.
State A Full, Possible Remedy
If a worker has been discharged, ask that she/he “be made whole, including immediate
reinstatement with full back pay and all rights, privileges, and benefits restored, and the
entire matter expunged from her/his record.” Remember, if the grievance goes to an
arbitrator, she/he can only award what is allowed by the contract. Remedies that include
“apologies” may feel good to the person who has been wronged, and in rare cases
management may actually agree to apologize; but no arbitrator will impose an “apology”
as a penalty.
Consult With The Grievant
Go over the written grievance with the grievance, carefully explaining the requested
remedy.
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5.3 Critical Thinking In Grievances Exercise
Purpose
Using the techniques you have learned it is now time to apply your knowledge to case
examples. The goal of the following scenarios is to help apply critical thinking skills as
you prepare to write grievances.
Task
To discuss as a group using critical thinking skills the incidents described below
including what information is missing or unclear that would need to be investigated.
What parts of the scenarios given could be possible grievances? How would you proceed
in investigating the incident?
Critical Thinking Grievance Scenario 1
While leaving the station on an emergency call, the driver Anne Pokowsky failed to
unplug the vehicle shoreline. The shoreline was pulled from the wall causing damage to
the box on the wall and the cord. No damage was done to the ambulance. Anne was
disciplined with a written warning and a required to attend remedial drivers training per
section 8.8 of the CBA. Last week, another EMT was given a verbal warning for the
same offense by the same supervisor.
Critical Thinking Grievance Scenario 2
Paramedic Jake Ohe was issued a written warning for tardiness. When he arrived at
work, six minutes late, the supervisor handed him the warning before he clocked in.
Critical Thinking Grievance Scenario 3
On November 10, John Watson was sent home from work without pay. He says his
supervisor just came up to him, accused him of being intoxicated or on drugs and
suspended him without pay for three days. She said he was stumbling around and
slurring his words. John says any number of coworkers could testify to his character and
that he was not drunk, but had been napping and awoken suddenly.
His supervisor also accused him of swearing at her. He says he stubbed his toe and may
have said &^%$ for that reason.
46
Critical Thinking Grievance Scenario 4
For a period of 6 months, Dispatcher Andy Stone and Paramedic Becky Owens have
been dating. They pass their “free” time on shift by sending instant messages to each
other on the dispatch console computer and the ambulance mobile data computer. They
“role play” that they are characters in a romance novel. Becky’s partner Ted Stevens
accidentally reads one of their messages and finds himself to be a character in their
“story.” He informs the supervisor. The supervisor immediately places Andy, Becky,
and Ted on unpaid administrative leave and tells Physician Advisor Dr. Wharton all three
are mentally unstable. Dr. Wharton suspends the clinical privileges of all three people.
3 weeks pass and nobody is allowed to come back to work. Management interviews
nobody and no correspondence from the employer is received by anyone on
administrative leave.
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5.4 The NEMSA Grievance Form
The NEMSA Grievance Form is the official notice to the employer of a grievance. No
other form should be used. One copy must be retained by the shop steward and included
with the completed grievance investigation kit. The other copy must be given to the
employer. A copy of the NEMSA Grievance Form is shown in this guide.
5.5 The NEMSA Grievance Wrangler Software
NEMSA provides the use of proprietary “cloud” based software for the purposes of filing
grievances and organizing / managing grievance related information to all Shop
Stewards. This software is known as the Grievance Wrangler and can be accessed from
any computer with Internet access.
The Grievance Wrangler software is compatible with Microsoft Internet Explorer and
Firefox web browsers. You must register with the NEMSA office to use the Grievance
Wrangler.
The Grievance Wrangler Software is a tool for Shop Stewards and provides many ways
to organize and store grievance related information as well as methods for creating a
grievance or advancing a grievance through the grievance process.
It is important to remember that even with the use of the Grievance Wrangler software,
shop stewards remain 100% responsible for adhering to grievance related timelines.
Instructions for how to use the Grievance Wrangler are shown in this guide.
5.6 Grievance Timelines Are Important… Follow Them!
Grievance timelines are found in most contracts. It is important that you follow these
timelines in order to assure your grievance will be properly filed. However if you or the
employer can agree, and need more time then a timeline extension can be signed.
Employers will seldom do this but on occasion will extend timelines as they deem
necessary. A timeline extension request is shown in this guide.
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Chapter 6
PRACTICE GRIEVANCE SCENARIOS
Grievance Writing Sample 1
John Smith is called into the supervisor’s office and questioned regarding damage found
on his ambulance after the end of his shift last night. He requests union representation
and states that he was not aware of striking anything and that his ambulance was fine
upon return to base last night. The supervisor then immediately gives him a 2-day
suspension for lying and a preventable auto accident.
Write a grievance based on the above scenario on the grievance forms provided.
Grievance Writing Sample 2
Lucy Arada is told to go home without pay because her uniform is “inappropriately
worn”, “unprofessional”, and “distracting”. She returns with a new uniform 3 hours later
and is allowed to work.
Section 3.4 of the CBA states “Employees found to be wearing uniforms that un-kept,
dirty, or worn in an inappropriate manner will be counseled and given an opportunity to
correct deficiencies or change into a new uniform prior to being assigned work duties.”
Write a grievance based on the above scenario on the grievance form provided.
Grievance Writing Sample 3
Todd Williams and his partner Lance Haney arrive at quarters and promptly fall asleep on
the couch and chair. 45 minutes later they are awakened by a supervisor and placed out
of service. The supervisor tells them that they did not respond to dispatch with 7
different attempts over 30 minutes and have missed 7 post-moves. The Supervisor pulls
discipline out of a notebook and gives each employee a one-day suspension. Lance
protests claiming that another co-worker was disciplined last month and received a
written warning only. Todd then claims he knows of two other people who also received
written warnings for the same offense. The supervisor then tells them they are suspended
for an extra day because they are being insubordinate.
Section 8.2 of the CBA states “Discipline will be based on the principles of “Just Cause”.
Write a grievance based on the above scenario on the grievance form provided.
49
Grievance Writing Sample 4
Susan Baird is third person on the list for the month of February for voluntary overtime
shifts. She is called and offered a Midnight to Noon shift, which she accepts. About an
hour later, the supervisor calls her back an hour later and tells her that her overtime shift
assignment has been cancelled because the number two person on the list has suddenly
become available. The supervisor then tells her that because she was already offered a
shift and did not work it that she would be placed at the bottom of the list for overtime
assignment.
Section 15.6 of the CBA states “A list will be created of employees volunteering for
overtime assignments. Based on the order of seniority, overtime assignments will be
offered to members of the union in 15-minute increments. Should a member of the union
not respond to an offer within 15 minutes, the employer will move to the next person on
the list. If a person declines to work when called, they will be placed at the bottom of the
list for overtime assignment. If the employer cancels the overtime assignment, the
affected member of the union will receive $50 as compensation for the lost shift”
Write a grievance based on the above scenario on the grievance form provided.
Grievance Writing Sample 5
Anthony Chastain requests you as a shop steward for a meeting with management. The
Operations Manager claims that Anthony has been accused of touching a female patient
inappropriately while doing a 12-lead ECG. In a private meeting with you, Anthony
denies touching a patient inappropriately and claims that his behavior has been
professional at all times. The Operations Manager claims they have been investigating
him for 3 weeks and that his partner “ratted him out” and that a confession would make
the discipline “easier on you.” You advise him as a union steward to answer specific
questions related directly to the charge honestly and Anthony again denies touching a
patient inappropriately. The Operations Manager then assigns Anthony to a “Sensitivity
and Etiquette In Health Care” class before being allowed to return to normal duties. The
next class is in two weeks.
Section 9.4 of the CBA states “When being investigated by employer, if no discipline is
given within 7 business days of notification of the alleged offense to the employer; the
employee and the union must be notified in writing of the investigation and it’s content.”
In Section 17.1 of the CBA, it states “Discipline will be progressive and based on the
principles of “Just Cause” beginning at Verbal Warnings, then rising to Written
Warnings, then rising to Suspension, then rising to Termination of Employment.”
In Section 25.8 of the CBA it states “Employees being placed on administrative leave
will be formally notified in writing for the reason for placement on administrative leave
and paid 8 hours regular wages for each full day placed on administrative leave.
Write a grievance based on the above scenario on the grievance form provided.
50
National Emergency Medical Services Association
Grievance Notification Form
You are formally notified of a grievance filed in accordance with the Collective Bargaining
Agreement. This grievance may require a grievance meeting between the Grievant and
representatives of the Employer and NEMSA to discuss this grievance and attempt to obtain
resolution. Please contact the NEMSA representative/ shop steward named below to schedule a
meeting date and time.
Filed By_____________________________Title____________________Date_______
Contact Information: Phone __________________ Email _____________________
Filed On Behalf Of ________________________________ and all affected employees
Date Of Event(s) Causing Grievance: on or around __________________ Ongoing
Description of
Grievance_______________________________________________________________
________________________________________________________________________
________________________________________________________________________
Applicable Contract provisions include, but are not limited to,
section(s)_________________________________________________________
NEMSA Requested Resolution
____________________________________________________________
________________________________________________________________________
and the Employer shall immediately comply with all terms and conditions of the contract. All affected
bargaining unit employees shall be made whole for any and all losses of any kind resulting from the
Employer’s violation of the contract, including but not limited to full back pay with interest, reinstatement
of all health and welfare benefits, reinstatement of all seniority and leave benefits, and reinstatement to all
work assignments. In addition, the Union shall be made whole for any and all losses resulting from the
Employer’s violation of the contract, including but not limited to full reimbursement for all costs, expenses
and losses of any kind associated with processing this grievance through arbitration. NEMSA also requests
that all affected employees and the Union be awarded any other relief that is just and proper under the
contract, applicable law or in equity.
Pursuant to the employer’s duty to bargain in good faith, the Association hereby
requests the following information and/or documents which are necessary and
relevant to process this grievance
________________________________________________________________________
_______________________________________________________________________
Attention Employer: Please provide a courtesy copy of all correspondence to the local NEMSA
Shop Steward or NEMSA Representative handling this case. In ALL cases grievance
correspondence should be directed to: NEMSA GAAMS, 4701 Sisk Rd STE 102, Modesto CA
95356, via Facsimile at 209-572-4721 or via email to [email protected]. Be sure
to use the above referenced grievance number in your correspondence. Thank You
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5.5 Using The Grievance Wrangler
Warning
Grievance Timelines Are 100% The
Responsibility Of The Shop Steward Handling
The Case
The Grievance Wrangler Is NOT An Automated
System
NEMSA Can Not Be Held Responsible For Missed
Grievance Timelines Using The Grievance
Wrangler System
Create A New Grievance Form
As a shop steward, using the Grievance Wrangler you can create a grievance form
online using a simple process. The Grievance Wrangler will automatically generate a
grievance claim number to identify your grievance and the contents of your grievance
file.
Should you choose to fill out a paper grievance form instead, follow the
instructions at the end of this chapter.
To Fill Out A New Grievance Using The Grievance Wrangler:
1. Log into the Grievance Wrangler
To log into the Grievance Wrangler, you must first have a username and password issued
by NEMSA.
You may log into the Grievance Wrangler from one of two locations on the
NEMSAUSA.org web page:
52
Click on the link in the “Shop Steward Reference Center
Use The Drop Down Menu and Select NEMSA Grievance Wrangler Login
You will then be taken to the log in screen where you enter your username and
password.
53
2. From Your “Home” Screen, Select the “File New Grievance” button.
3. The Grievance Wrangler will present you with an online grievance form. Fill out
the fields as appropriate for your grievance case. When you have filled out the
grievance form, press the continue button at the bottom of the screen.
54
Note: Most areas of the Online Grievance Form are mandatory. This means that you
must place text in those areas. The Grievance Wrangler will not let you progress to the
next screen until ALL mandatory areas are completed. If a mandatory area does not
apply to your case, placing a mark denoting that that area is not applicable such as “N/A”
can be appropriate.
4. When you have completed the grievance form and pressed the “Continue” button,
the NEMSA Grievance Wrangler will issue your grievance file a claim number.
Write this claim number down as it will be used in every file and all
correspondence associated with your grievance. When you have finished, click on
the “Continue” button.
Warning: Your Grievance Is NOT Filed Yet!
You Must Continue To Follow These
Instructions To File Your Grievance!
55
5. The Grievance Wrangler then returns you to the Grievance Wrangler Home Page.
There you will notice your file, referenced by Grievance Claim Number, Filing
Date, Shop Steward, and Description.
Date Grievance
Was Initiated
Shop Steward Name Here
Your Grievance
Claim number is
referenced here.
To add/edit your
grievance file,
click on this
number
The status of your grievance file
is noted here. PAY
ATTENTION: IF ACTION
IS REQUIRED, YOU MUST
CLICK ON THE CLAIM
NUMBER TO FILE YOUR
GRIEVANCE.
This status keeper only works
for your initial grievance
document.
The description you see is
approximately the first
sentence of your grievance
description, found on your
grievance form.
To add to your grievance file, edit your grievance file, or take action on your grievance
file, simply click on the “ID Number” listed in the column on the left.
The “Status” area is designed to let you know if action is required on your initial
grievance. If action is required, your grievance has not been printed or sent and has NOT
been filed.
How To File Your Grievance
• Click on the ID Number of your grievance file.
• You will be required to both Print and Send your grievance document.
o You can print a copy of the grievance on your home printer.
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o You can have NEMSA send a copy of your grievance form to your local
manager via email, fax, or certified USPS mail.
Caution: The ONLY 100% Reliable Way To Remain Within Your Contract
Grievance Timelines Is To Physically Hand A Grievance In To Your Local
Management.
•
When you click on the ID Number for your grievance file, the Grievance
Wrangler add/edit screen appears.
Notice: Action is required.
Select the Print And Send
Buttons To Take Action On
Your Grievance.
Press The Print and Send Buttons To Take Action. Only after the “Action Required”
indicator changes color to green and reads “Action Taken” has your grievance been filed.
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Printing A Grievance File
1. Press Print on the “Action Required” notice
Press Print
Here
2. You will see your grievance form in printing format. Click on the “Print
Document Now” button to print your grievance. Another window will open along
with the printing software for your computer. When finished printing, you can
close that window.
Enlarged View Of Bottom Of Form
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3. Once printed, the “Action Required” notice shows that you have successfully
printed your grievance document. You can print again by selecting the “Print
Again” option.
Sending A Grievance File To Your Employer
Press Send
Here
1. Press “Send” on the “Action Required” notice.
2. You will be taken to a screen that allows you to send your grievance
document by pressing the “Continue” button.
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3. Upon printing and sending your grievance document, the “Action Required”
notice will change to green and the notice will change to reflect the actions
that have been taken.
What Happens When You Send A Grievance?
When you send a grievance, NEMSA will receive it and send your grievance document
to your employer per the terms of your contract or applicable local practice. Many
NEMSA contracts call for USPS Certified Mail when grievance documents are being
submitted. This is a service provided to you by NEMSA but the only 100% guaranteed
way to remain within contract grievance timelines is to submit a grievance personally to
local management.
What If I Have Filled Out A Grievance Form By Hand?
At times, a shop steward may fill out a grievance form by hand instead of using this
online Grievance Wrangler system. While permissible, extra steps must be taken to use
the Grievance Wrangler with a handwritten grievance document.
Instructions:
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1. Create a new grievance using the Grievance Wrangler system.
2. In all fields of the grievance, type the following word: “Proxy”
3. Print and Send your proxy grievance form.
4. Upload your handwritten grievance file as the first evidence file using the upload
procedure on the “Grievance Notice Filed” level of the Grievance Wrangler.
What If I Want To View My Grievance But Don’t Want To Print Another Copy Of
It?
At times, a shop steward may wish to view their grievance document in the Grievance
Wrangler but not print another copy for their records. This can easily be done at any time
by clicking on the magnifying glass icon next to their grievance document.
Click the
Magnifying
Glass on top of
the document to
view the contents
of the document
without printing.
Adding To And Editing A Grievance File
The process of adding to and editing a grievance file is where you will spend most
of your time working in the Grievance Wrangler. Understanding how to add to and edit
your grievance file is necessary to successfully use the Grievance Wrangler.
Use The Grievance Wrangler As An Information Management
Tool
The Grievance Wrangler is designed as a management tool for shop stewards with
the purpose of collecting grievance information, organizing that information, and
providing a simplified means of creating grievance related documents.
The Wrangler uses a color-coded management system that changes as your
grievance progresses through the steps of the grievance process. It employs document
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creation features and other features designed to make the grievance process easier to
manage for the user.
First You Must Create and Send/Print Your Grievance Document
Once your initial grievance document is created and sent/printed, you will be led back to
your Home page. To add/edit a grievance file you must click on the grievance case
number. When you do so, the following add/edit screen will open specifically for your
grievance.
As you advance through grievance steps, the Grievance Wrangler will show current and
previous steps in green and the next uncompleted step in red to assist you in tracking the
progress of your grievance file.
Notice the column on the left noting what level of the grievance process your file is at.
To advance to the next level, simply engage the functions of the next level (colored red).
You can upload evidence or enter evidence via simple form fields at any step of the
Grievance Wrangler.
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An Example Of Level 1 Grievance File Being Sent And Printed Along With A Level 1
Employer Response Being Uploaded Into The Grievance Wrangler. Note that the Level
2 Union Notice Has Not Been Created Yet.
An Example Of Level 2 Union Notice Being Completed But Action Is Required. The
Move to Level 2 Notice Has Been Created But Not Sent or Printed.
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An Example Of A Union Level 2 Notice Being Sent and Printed But No Level 2
Employer Response Has Been Uploaded Yet.
As the grievance progresses through the steps you will notice another feature of
the Grievance Wrangler. Beyond level 2, many NEMSA contracts offer different options
for how a case can progress. Depending on the contract, there may be an additional step
of the grievance process. Mediation may also be an option. Arbitration is the last step of
the grievance process and is also noted within the grievance wrangler.
To activate a third level of the Grievance Wrangler, simply click where indicated on the
yellow bar to expand that section. It’s functionality is exactly like Level 2 of the
Grievance Wrangler.
To activate Mediation in the Grievance Wrangler, simply click where indicated on
the yellow bar to expand that section. You will notice that a Mediation notice can be
created and sent/print. There is a section to upload the employer response to the
mediation request. There is also a section to upload documents related to the mediation
procedure.
An example of the yellow “Another Grievance Level” and Mediation being closed.
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An example of the yellow additional grievance level and mediation Grievance Wrangler
steps being open.
The exact same functions exist in these steps as exist in earlier steps of the
Grievance Wrangler software.
The Grievance Wrangler software ends at the step of creating/printing/sending an
arbitration notice and adding any additional evidence necessary using the same functions
as exist during previous levels.
Uploading Employer Responses Into The Grievance Wrangler
The Grievance Wrangler requires that employer responses be uploaded into the system to
trigger the movement to the next Grievance Wrangler level. As a user of the Grievance
Wrangler you have several options:
• You can send the employer response to NEMSA via Email, Fax, or Prepaid
Mailing Envelope and NEMSA will upload the file into the Grievance Wrangler.
• You can upload the document into the Grievance Wrangler from your personal
computer.
• If the employer responds via email, you can forward the email to NEMSA for
upload into the Grievance Wrangler system.
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To upload an employer response, simply click on the “Upload Response” icon. The
example below shows the icon at Level 2 Union notice however the “Upload Response”
function is available at all steps of the Grievance Wrangler.
An Example Of The Single File Upload Feature For Employer Responses. Only one file
can be uploaded using this method as it is intended ONLY for Employer Responses
during the grievance process. Note this example occurs at Level 3 of the Grievance
Wrangler. The Grievance Wrangler will show you the grievance number and Level for
the upload in the red bar.
Uploading Evidence Into The Grievance Wrangler System
The Grievance Wrangler is designed to allow the uploading of various pieces of evidence
throughout all levels of the Grievance Wrangler. As a user of the Grievance Wrangler
you have several options:
• You can send the evidence files to NEMSA via Email, Fax, or Prepaid Mailing
Envelope and NEMSA will upload the evidence files into the Grievance
Wrangler.
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• You can upload the evidence files into the Grievance Wrangler from your
personal computer.
The Grievance Wrangler allows the user to upload multiple files as evidence at all steps
of the Grievance Wrangler.
Simply click on the “Upload Evidence” icon to upload files. The example below shows
the icon at Level 2 Union notice however the “Upload Evidence” function is available at
all steps of the Grievance Wrangler. The following page opens.
Press Icon To
Upload
Evidence
When pressing the upload button, an upload application will load on your computer. The
following screen will appear.
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Press Upload and select your documents to upload. The uploader will accept evidence in
the following formats: jpg, png, tif, gif, xlsx, xls, ppt, pptx, doc, docx, pdf, zip, rar, sit,
cab, mp3, mp4, mpg, avi, mov, htm, txt.
Press “Close
Window” After
All Files You
Wish To Upload
Are Selected.
Here is an example of the uploader application having files named for upload. Press the
Close Window button when all the evidence files you wish to upload are listed.
When you close the upload window you must press continue to upload your files into the
Grievance Wrangler.
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Note that your file(s) have been uploaded as evidence within the Grievance Wrangler
software. To download a copy of the file, simply click the icon.
Entering Evidence Via Form Fields Within The Grievance Wrangler
The Grievance Wrangler Software has many “Form Field” interview forms to allow you
to enter information and evidence about your individual grievance case directly into your
grievance file. This functionality exists in conjunction with the “Upload Evidence”
feature in every step of the Grievance Wrangler software.
To enter evidence into your grievance file, simply select the proper form from the drop
down list.
The forms are simple to fill out and are designed in a way so that you only fill out the
form that you need based on the information you wish to add.
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Grievance Initial Statement
70
Grievance Factual Information
71
Management Contact Report
72
Grievance Witness Statement
Grievance Communication Report
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Creating A Notice For The Employer To Move Grievance To The Next
Step
The Grievance Wrangler is designed as a dynamic tool that can be used for Grievance
File management, evidence storage, and tracking of your grievance files. One of the
main features of the Grievance Wrangler is the simplified function of creating a notice for
the employer in which you can “move” your grievance through grievance steps.
For the purposes of simplicity, this function is made mandatory in the Grievance
Wrangler. In some cases you may have another form of the “Move To” notice, such as an
email or handwritten note. That isn’t a problem as the email or note can be uploaded as
evidence. To activate the next fields, you can insert the word “Proxy” in the fields of the
“Move To” notice and create/print/send the “Move To” notice to activate the next fields
of the Grievance Wrangler. You can then upload your notice as evidence and continue
to use the Grievance Wrangler.
To activate the “Move To” function in the Grievance Wrangler:
Moving to the next level of the Grievance Wrangler is simple. You must create a notice
to move to the next level of the grievance process. Simply select “Create New Notice
Here” using the drop down menu as shown in the illustration above. The example shows
how to create a “Move To” notice for moving to Level 2 of the Grievance Wrangler
however the same functionality exists at every step of the grievance wrangler software.
Once you have selected the “Move To” notice from the drop down menu, you will be
taken to the following screen:
Your Name Will
Automatically
Appear Here
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Notice the empty fields in which you enter the appropriate information. In this example,
the name of the Grievance Wrangler is “Shop Steward”. As a registered user of the
Grievance Wrangler, your name will automatically appear. The text of the notice is
universal and not adaptable, however it is sufficient for all NEMSA contracts. When you
have filled out the notice, simply press the “Continue” button. You will then be taken
back to the Grievance Wrangler case file where the familiar “Action Required” notice is
seen.
Press The Print and Send Buttons To Take Action. Only after the “Action Required”
indicator changes color to green and reads “Action Taken” has your “Move To” notice
been printed and sent.
The “Move To” notice creation feature is consistent throughout the Grievance
Wrangler software and “Form Field” notices are appropriate for each step of the
grievance process.
When To Create A Proxy Notice In The Grievance Wrangler
There are times in the actual grievance process when you will have supplied via
another means a notice to move to the next level of the grievance process. You are still
required as part of the Grievance Wrangler software to go through the process of creating
a “Move To” notice to use the features of the Grievance Wrangler.
You can simply create a “Proxy” notice in the Grievance Wrangler by entering
the word “Proxy” in each of the available fields, then printing and sending the proxy
notice. The proxy notice will not be forwarded to your employer and is a signal to
NEMSA staff to disregard the notice.
Finally, to maintain the chain of documentation you should upload as evidence or
send to NEMSA for uploading as evidence the actual notice or email that you used to
move your grievance to the next level.
Grievance Wrangler Training Required
This overview of the Grievance Wrangler is not a substitute for the 30 minute Grievance
Wrangler Training Course offered by NEMSA. This course is available upon request for
any Shop Steward. If you have not taken the course or wish to get a refresher, contact
your Labor Relations Representative.
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Extension of Grievance Time Limits
Date: ___________________________
Grievance #: _____________________
For The Grievance Regarding: ____________________________________________
It is mutually agreed by representatives of both NEMSA (also known as the union) and
________________________________, (also known as the employer) that timelines in
relation to the above mentioned grievance shall be extended until ____/____/________.
This grievance as of today’s date is at level ______ and has been initially reviewed by
both union and employer. An extension of grievance timelines is requested by
_________________________.
The reason for the extension is:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Signing For NEMSA
Signing For “The Employer”
X____________________________
X__________________________
Print Name: __________________
Print Name: _________________
Date: _______________________
Date: ______________________
Title: _______________________
Title: ______________________
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Chapter 7
MEETING WITH MANAGEMENT
Meeting with Management
Your duties as a shop steward will likely include frequent meetings with management. In
the grievance process alone, you will deal with several layers of managers, beginning
with the supervisor and ending with the general manager or the owner of the company.
It is extremely important for you to remember that you represent your client—not
yourself.
Remaining cool and calm puts you in the driver’s seat. Let the manager get red-faced,
scream and act unprofessional. A meeting with management is simply a business
meeting. A state of “constant aggressiveness” on your part when dealing with
management will make it difficult for you to represent your client.
Larger Ambulance companies (such as Rural Metro or American Medical Response)
usually value a “positive and collaborative working relationship” with shop stewards
because, for the most part, they do not see a grievance as a personal attack but rather as a
technical exercise. Smaller Ambulance companies, especially family owned “mom and
pop” outfits, present you with a more challenging environment since a grievance is seen
as a personal challenge to the owner of the company. If you represent members at a
“mom and pop,” your stance with management may have to include a more aggressive
posture to get the job done. But remember that when you do, it is still essential to act
professionally. Al Capone once famously noted that “you can get more done with a kind
word and a gun than a kind word alone.”
! Any meeting with management—whether a grievance
meeting, negotiations, or Labor/Management
committee—requires a strategic plan.
! All meeting participants need to know the union’s
position and role in the meeting.
! As a shop steward, you are the equal of management
when representing the Union. Don’t forget it.
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! Try to meet on relatively neutral ground when
possible. A conference room is preferable to the
supervisor’s office.
! Sit directly across from the management spokesperson.
If the management spokesperson sits at the head of the
table, take the other end of the table.
! Take the initiative and begin the meeting. Introduce
yourself and the grievant (if necessary) and state why
you are there and what you want out of the meeting.
! Take and keep control of the meeting. Stay on the
Union’s agenda and don’t get sidetracked.
! Avoid sitting on a sofa or very soft chair. If necessary,
bring in a hardback chair to sit on.
! Behave in a professional manner. Avoid emotional
outbursts. Never threaten or swear at management.
! If management treats you or the grievant in an abusive
manner, keep your cool, but don’t tolerate it. Tell
management you will meet again when she/he can get
control or if necessary move the grievance to the next
level.
! Don’t let the employer “divide and conquer.” Never
argue or disagree in front of management; call a caucus.
! Where appropriate, try a problem solving approach.
Explain the problem and encourage management to see
that a reasonable solution is in his/her best interest.
! Encourage management to talk and air his/her views. A
clear understanding of management’s perspective (even
if you don’t agree) will help you how to proceed.
! Ask questions and listen carefully to the answers. Probe
for areas of possible compromise.
! If management agrees with your position, thank her/him
and leave. Don’t talk yourself out of a victory.
! Don’t forget to schedule follow-up meetings, and get
written confirmation of agreements or next steps.
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Chapter 8
MEMBERSHIP, DUES AND FEES, AND MEMBER-ONLY BENEFITS
Membership
Membership with NEMSA is 100% voluntary and has many benefits. Primarily,
membership gives a person the ability to vote for contracts, shop stewards and officers or
to run for any office. Membership also has benefits, including eligibility and optional
participation in NEMSA Member Only Benefit programs. Membership also allows you
eligibility to participate in NEMSA-related educational, scholarship and community
service programs.
There is an option for non-membership should a person choose not to be a member.
Under Federal Law, a person has the right to be a non-member. However, non-members
still pay a form of union dues called a Fair Share Objector fee that is based on a
proportionate cost of representation. Because of NEMSA’s not-for-profit status and our
unique structure, Fair Share Objector fees are approximately 98% of monthly union dues.
Non-members DO NOT get to vote on NEMSA contracts or in NEMSA elections, run for
NEMSA offices, or participate in NEMSA Member Only Benefit programs.
Membership is a benefit, and when asked, the Shop Steward should be able to point to
real-world examples of the benefits of NEMSA membership. A team of shop stewards in
an organized workforce should be able to create a “value” to NEMSA representation
based on contracts, contract enforcement, and representation.
Remember that you must represent non-members, too, and do so without bias. And while
you are required by law to NOT COERCE anyone into joining NEMSA, reminding him
or her that NEMSA is representing him or her may be the best way to turn a non-member
into a member!
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Dues and Fees
Dues and fees are the lifeblood of NEMSA. Dues and fees are necessary to effectively
run and operate NEMSA. Dues remitted to NEMSA are spent on the costs associated
with the representation of NEMSA bargaining units. On a yearly average, NEMSA
spends approximately 98% of dues money on representational related costs. This
efficiency is required due to NEMSA’s not-for-profit status.
Dues are calculated pursuant to the NEMSA Constitution and Bylaws. The formula is
simple: two times the average hourly wage for the bargaining unit plus any local or
national dues assessments. The national dues assessment per the NEMSA bylaws is $1
for the NEMSA EMS Defense Fund and $1 for the NEMSA Strike Fund per month.
Dues may be paid based on a twenty-six pay period cycle or monthly depending on your
employer’s local practice. When on a twenty-six pay period or other similar pay cycle,
dues amounts are adjusted to reflect the schedule of your pay periods.
Newly hired employees are generally brought into employment after a CBA has been
ratified. Because newly hired employees were not NEMSA members at the time the
CBA was ratified, an initiation fee of $100 is charged to cover a portion of the new
employee’s share of representational costs related to NEMSA contract negotiation and
representation. This fee is generally payable via payroll deduction in $12.50 per pay
period payments in addition to dues payments. When the $100 total is paid, no more
initiation fees are required.
Dues are a touchy topic in any union. When times are tough, almost any expense can
seem burdensome to workers. Furthermore, many workers have difficulty seeing the
value for what they pay in dues because the union regularly works behind the scenes to
benefit them.
Responsible NEMSA membership includes the regular payment of dues. Much like
automobile insurance, gym memberships, or cellular telephone plans; dues are paid for
NEMSA representation. A person’s choice to not work, or work in varying increments,
does not change their accrual of dues because the representation is provided for them
twenty-four hours a day, seven days a week, 365 days per year. No lessened or partial
dues amounts are charged to part-time or per-diem members.
FAST FACT:
It costs EXACTLY the same to represent a part-time or per-diem member as it
does to represent a full-time member. Employment status (FT, PT, PD) has
nothing to do with the cost of representation.
Example: Part-time Employee Jane Q. Public is named in a grievance about shift
scheduling. The employer contests the grievance to binding arbitration.
Arbitration costs $7,500.00 total and is paid by the losing party per terms of the
contract. Additionally, NEMSA Attorneys and Staff have spent significant time in
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preparation for the arbitration hearing(s). Win or lose, this cost is paid for 100% by
NEMSA, NOT by the member.
FAST FACT:
Unlike other unions, NEMSA does not make members pay for their own
Arbitration costs and fees. Arbitration costs are paid 100% by NEMSA in all
situations.
You may be placed in the position of making a “hard sale” to members about union dues.
It is important to be able to draw a “value for the money” relationship for them.
Information about unions in general and their positive effects on wages and benefits are
located in chapter two of this guide. In addition to higher wages, union workers enjoy
better health insurance, pensions, occupational safety and health, and job security than do
unorganized workers. Far more than unorganized workers, union employees receive fair
treatment, rights, dignity, and respect on the job.
Also it is important to remind members that their dues pay for the benefits they enjoy in
their contract. Almost EVERY contract provision, unless specifically excluded, applies
to EVERY person in a bargaining unit.
Member-Only Benefits
NEMSA has many member-only benefits. Information for benefits in your area is
available through your NEMSA Labor Relations Representative.
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Chapter 9
THREE STEPS IN ACTIVE LISTENING
Listening
Most people believe they are good listeners, but studies have shown that most people
listen at 25% efficiency. However, if you follow three basic steps you can listen at nearly
100% efficiency. The three steps are:
1. Stop and think
2. Look and listen
3. Clarify and verify
STOP AND THINK. When someone is talking to you, it’s important to stop what you’re
doing and pay attention. Not focusing your complete attention is a common listening
problem. The moment someone starts talking to you, stop whatever you’re doing and
change your physical position by turning body toward the speaker. When you make a
conscious effort to move into a listening position, your mind will follow your body’s
direction.
Another common problem in listening is letting your mind wander. Our minds tend to
wander because we listen three to ten minutes faster than we talk. If you stop and think,
you can use that lag time to your advantage by asking mental questions about what you
are hearing. For example:
! What are they key points?
! What does he or she mean?
LOOK AND LISTEN. Watch for body language. How someone says something may tell
you whether they are angry, bored, interested, friendly, or aggressive. Keep an eye on
their arms, posture, facial expressions, etc.
Your own body language can also give messages to your members. If you look at
them as they speak, you’ll appear more interested than if you are busy filling in a
form while the person is talking.
CLARIFY AND VERIFY. Asking questions to clarify a point is one of the best ways to
understand the real message when you are listening. As you listen, make sure to verify
your perceptions. When in doubt, ask! It is crucial to verify your perceptions. It only
takes a few seconds. “ If I understood correctly, the main points are…”
Remember, your goal is to understand, not to be understood. Close your mouth and listen.
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Chapter 10
WORK ACTIONS
STRIKE ACTIONS
METHODS USED BY EMPLOYERS TO DEAL WITH STRIKES
STRIKING… AN OPTION OF LAST RESORT
10.1 WORK ACTIONS
When you have filed grievances, ULPs and exhausted every avenue of diplomacy
available to you and management is still not responding or when contract negotiations
have come to a head, it sometimes becomes necessary to take direct action. This does not
mean that when you lose a grievance, you get a sign and a bullhorn and stand on the
street corner. Work actions are concerted, team efforts that require planning, leadership, a
political understanding of the situation and possible outcomes, just to name a few.
It is important that you talk with your NEMSA representative when contemplating a
work action. Some work actions are considered illegal while a contract is in effect and
may lead to termination. The following pages in this section will outline some of the most
common forms of actions against an employer and methods used by the employer to
combat the members.
Sadly, some members decide not to participate during work action and so endanger the
objectives of the membership. Some even actively support management. The steward’s
job in cases such as these is to find out why the member is acting against their fellow
members and to point out why their actions are detrimental to the objectives.
The following are examples of workplace actions. No workplace action should be
decided on without consultation with a NEMSA Labor Relations Representative and/or
legal staff and then ONLY with careful planning.
Work-to-Rule
Work-to-rule is an industrial action in which employees do no more than the minimum
required by the rules of a workplace, and follow safety or other regulations to the letter in
order to cause a slowdown rather than to serve their purpose. This is considered less
disruptive than a strike or lockout; and just obeying the rules is less susceptible to
disciplinary action. Notable examples have included nurses refusing to answer telephones
and high school teachers refusing to write recommendation letters for their students’
college applications.
Sometimes the term “rule-book slowdown” is used in a slightly different sense than
“work-to-rule”: the former involves applying to the letter rules that are normally set aside
or interpreted less literally to increase efficiency; the latter, refraining from activities
which are customary but not required by rule or job description. But the terms may be
used synonymously.
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Employers can consider work-to-rule malicious compliance in certain situations and
can pursue legal action in certain cases. In a healthcare environment, work-to-rule labor
actions can be considered a form of labor strike, requiring a 10-day notice before being
performed.
Petitions
Giving the employer signed petitions protesting treatment or demanding change can be an
effective way to inform an employer of the unity of the bargaining unit around a
particular issue. Employers will commonly take petitions and address the issues they
contain rather than allow workplace actions to escalate.
Run on Management
“Run on Management” is a phrase that describes generally describes the tactic of
crowding a meeting or a manager’s office with upset union members demanding their
issues be addressed. Variations on this them include making formal appointments with
managers so that their schedule is filled for a time period, causing them to lose
productivity, filling hallways so they are impassable by managers, and other tactics to
help management to recognize the union is demanding an issue be addressed.
Buttons/Stickers
Buttons or Stickers are also an effective way to build employee unity and demonstrate it
to management. Under most circumstances, buttons and stickers are protected speech
under the law. Buttons or stickers worn by members can communicate to management
silently but effectively.
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Letter/Card Writing
Campaigns to write letters or sign postcards and send them to a manager, owner or to
another party with greater influence can be an effective way of getting issues addressed.
Letters and cards can be pre-written and simply require a signature or can be hand written
and signed.
Hand billing
Hand billing is when union stewards hand out flyers and informational pieces of paper to
other workers. This is considered protected speech under most circumstances, so long as
you don’t interfere in a person’s direct job duties. The handbills can be inflammatory or
issue based depending on your strategy and the issue you are addressing.
Example: Giving a handbill to a person caring for a patient would be considered
illegal while giving a handbill to a person walking from the time clock to the
ambulance is generally considered protected and legal.
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Examples Of Buttons or Stickers
HONOR
OUR
CONTRACT!
Resolve
Grievances
Now!
Payroll
Errors
NO SUBCONTRACTING!
Effective
Supervisors
LISTEN
DISCRIMINATION!
EMSProfessionals
WantAContract
Let sNegotiate 86
Examples Of Hand Bills
Attention NEMSA Members,
As you may already know, NEMSA members at NEMSA Northeast based in
Boston, MA have overwhelmingly voted down AMR’s contract offer calling for a 1%
overall reduction in pay and benefits and voted to strike. AMR has taken a very hard
anti-employee stance and committed several violations of labor law prompting the
filing of unfair labor practices with the National Labor Relations Board.
AMR has repeatedly claimed, “We have a contingency plan.” We now know
what their plan is. Blanket emails have been sent calling for replacement workers to
travel to the Northeast and break the strike. In short, their plan is to try to get NEMSA
members to SCAB and cross picket lines in other NEMSA shops. That’s right! trying
to get NEMSA members to break a NEMSA strike.
NEMSA recommends the following:
•
•
•
Do NOT under any circumstances volunteer to go to the
Northeast and cross picket lines. Our NEMSA brothers and
sisters are depending on every one of us to stand with them!
Do NOT cover the shift by trade or overtime of any person who
has gone to the Northeast to cross picket lines.
If you are a Crew Chief or Part Time Supervisor do NOT cover
the shift of any management employee who is trying to break the
strike.
For More Information: www.NEMSAUSA.org
NEMSA strongly recommends that members keep accurate
daily records of hours worked including overtime.
If you are denied payment for time worked, or you feel you are
being paid incorrectly, please contact a shop steward ASAP.
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Example: Petition / Open Letter
August 9, 2005
To: Mr. Rippen Usoff, CEO
Sisters of Profit Ambulance Company
Dear Mr. Usoff,
We the undersigned members of NEMSA NEMSA Shop Name or department,
work site name hereby call on management to cease, do, grant, or whatever resolves the
issue. We expect you to meet with our shop stewards immediately and act in good
faith to address and resolve this matter.
Name
Department (Classification)
Example Of Postcard
Dear County Commissioner Dollen,
I am an Emergency Medical Technician and member of the National EMS Association.
Myself and many other NEMSA members are employed at Mercy Ambulance, the county
ambulance provider for 911 services.
While I am in complete support of Mercy Ambulance receiving a contract extension so I
can continue to care for the citizens of Mercy, Washington; I have to rise in strong
opposition to the attempt by Mercy Ambulance owner Bob Johanson to have the County
Commission remove wage and healthcare requirement minimums from the County
Ambulance Contract.
As a union, we see this as an attack on our ability to make fair wages and have affordable
healthcare. The protections were placed in the ambulance contract to prevent profiteering
on the backs of employees. Please stand with us and vote against the contract
amendment.
Thank You
__________________________________________
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10.2 STRIKE ACTIONS
Strike actions, often simply called a strike, is a work stoppage caused by the mass refusal
by employees to perform work. A strike usually takes place in response to employee
grievances and occasionally (though not often) if contract negotiations are unsuccessful
in providing an acceptable agreement to the members. Strikes became important during
the industrial revolution, when mass labor became important in factories and mines. In
most countries, they were quickly made illegal, as factory owners had far more political
power than workers. Most western countries partially legalized striking in the late 19th or
early 20th centuries.
Strikes are sometimes undertaken by labor unions during collective bargaining. The
object of collective bargaining is to obtain a contract (an agreement between the union
and the company,) and the contract may include a no-strike clause, which prevents
strikes, or penalizes the union and/or the workers if they walk out while the contract is in
force. The strike is typically reserved as a threat of last resort during negotiations
between the company and the union, which may occur just before, or immediately after,
the contract expires.
Generally strikes are rare: according to News Media Guild, 98% of union contract in the
United States are settled each year without a strike. Occasionally, workers decide to
strike without the sanction of a labor union, wither because the union refuses to endorse
such a tactic, or because the workers concerned are not unionized. Such strikes are often
described as unofficial. Strikes without formal union authorization are also known as
wildcat strikes.
A strike may consist of workers refusing to attend work of picketing outside the
workplace to prevent or dissuade people from working in their place or conducting
business with their employer. Less frequently workers may occupy the workplace, but
refuse wither to do their jobs or to leave. This is known as a sit-down-strike.
Informational picketing is another form of strike. Informational picketing consists of
workers picketing during off-duty hours to inform the public of the conflict between
union and employer.
Another unconventional tactic is work-to-rule in which workers perform their tasks
exactly as they are required to but no better. For example, workers might follow all safety
regulations in such a way that it impedes their productivity or they might refuse to work
overtime.
United States labor law also draws a distinction in the case of private sector employers
covered by the National Labor Relations Act between “economic” and “unfair labor
practice” strikes. An employer may not fire, but may permanently replace, workers who
engage in a strike over economic issues. On the other hand, employers charged with
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committing unfair labor practices may not replace employees who strike over ULP’s
and must fire any strikebreakers they have hired as replacements in order to reinstate the
striking workers.
Strikes may be specific to a particular workplace, employer, or unit within a workplace,
or they may encompass an entire industry, or every worker within a city or country.
Strikes that involve all workers, or a number of large and important groups of workers, in
a particular community or region are known as general strikes. Under some
circumstances, strikes may take place in order to put pressure in the state or other
authorities or may be a response to unsafe conditions in the workplace.
A sickout, also known as the Blue Flu, is a quasi-legal way for police, firefighters, and air
traffic controllers to strike: they call in sick en masse. The phrase is still used today to
refer to sickouts in most unions.
10.3 METHODS EMPLOYERS USE TO DEAL WITH STRIKES
Generally strikes called by unions are somewhat predictable; they typically occur after
the contract has expired. However, not all strikes are called by union organization-some
strikes have been called in an effort to pressure employers to recognize unions. Other
strikes may be spontaneous actions by working people.
Whatever the cause of the strike, employers are generally motivated to take measures to
prevent them, mitigate the impact, or to undermine strikes when they do occur. Strike
preparation.
Companies, which produce products for sale, will frequently increase inventories prior to
a strike. Salaried employees may be called upon to take the place of strikers, which may
entail advance training. If the company has multiple locations, personnel may be
redeployed to meet the needs of reduced staff.
Strike Breaking
Some companies negotiate with the union during a strike; other companies may see a
strike as an opportunity to eliminate the union. This is sometimes accomplished by the
importation of replacement workers, or strikebreakers. Historically, strike has often
coincided with union busting.
Union Busting
One method of inhibiting a strike is eliminating of the union that may launch it, which is
sometimes accomplished through union busting. Union busting campaigns may be
orchestrated by labor relations consultants, and may utilize the services of agencies that
engage in intelligence gathering, or that provide asset protection services. Similar
services may be engaged during to defeat organization drives.
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Lockout
Another counter to a strike is a lockout, the form of work stoppage in which an employer
refuses to allow employees to work. Two of the three employers involved in the Caravan
park grocery workers strike of 2003-2004 locked out their employees in response to a
strike against the third member of the employer bargaining group. Lockouts are, with
certain exceptions, lawful under United States Labor Law.
Union scabbing
The concept of union scabbing refers to any circumstance in which union workers, who
normally might be expected to honor picket lines established by fellow working folk
during a strike, are incline or compelled to cross those picket lines, or in some manner,
otherwise engage in workplace activity which may prove injurious to the strike.
10.4 STRIKING… AN OPTION OF LAST RESORT
Sometimes considered the “Nuclear” option, a full-blown work stoppage in the form of a
labor strike is truly an option of last resort. Strikes must be carefully planned and
executed to be successful. Your message must be clear and communicated clearly to the
community that you will need the support of. The employer will battle you in the media
for public opinion. Generally speaking, the longer a group of employees strike the more
support you lose from your workforce.
To successfully strike requires careful planning, a simple message, community support,
and employee unity and solidarity. The union must be prepared, able to influence issues
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and fight over issues that it defines (not the employer), and rely overwhelmingly on the
efforts of the members themselves to be successful.
A few real world examples:
2007 NEMSA NE Labor Dispute
!
!
AMR offered NEMSA a 1% pay cut as a last, best, and final offer.
NEMSA does informational picketing establishing AMR treating
employees unfairly in the media
! NEMSA prepared for striking in three states with a media campaign and
face-to-face work with community members.
! Outraged influential community members called AMR and local/national
politicians who got involved by sending letters, and calling AMR
! NEMSA’s media message: A 1% pay cut is unfair to the people saving
lives everyday, we are asking for 3%, less than the cost of living
adjustment for the area for these hardworking citizens of your cities and
towns.
! NEMSA workforce unified and stands together.
! 22.5 hour marathon bargaining session leads to TA with 14-18% pay
increase over 2 years
RESULT: Strike Averted By Employer, NEMSA members achieve more
than what they demanded.
2008 Southern California SEIU Strike
!
!
!
!
!
!
!
American Medical Response (AMR) offers SEIU 20% pay increase over 4
years.
SEIU members vote to strike.
SEIU goes to media claiming members are underpaid and demanding
fixed health care increases from AMR.
AMR does not give a final strike-preventing offer, strike starts.
40% of SEIU members cross the picket line on the first day
60% to 70% cross the picket lines 3 days into the strike.
IAEP settles strike with AMR, coming back to work for less than AMR’s
last offer.
RESULT: Strike Failed, SEIU members received less than what AMR first
offered.
1997 Teamsters United Parcel Service(UPS) Strike
!
!
About 57% of UPS employees are non-benefited part-time employees
Teamsters recognized that part-time issues would become a source of
major dispute in the next negotiations and prepare an early public message
campaign to raise public opinion of UPS employees.
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!
!
!
!
!
!
During contract negotiations, UPS offers very few benefits to part time
employees and virtually no chance to advance to full time. UPS
demanded concessions from Teamsters that would have made part time
employee issues even worse.
Teamsters UPS Workers vote to strike.
Less than 5% of Teamsters cross picket lines.
Teamsters UPS workers strike for 15 days total while at the same time
using their pre-prepared public relations campaign.
The public overwhelmingly supports UPS workers and begins using
competitor services, complaining at how UPS treats its employees.
UPS and Teamsters agree to settlement giving in to most of the Teamster
demands.
RESULT: Strike Successful, Teamsters UPS got their issues addressed and
part-time employees moved to full-time.
It appears as if Teamsters UPS workers got their issues addressed and
successfully executed strategy to achieve their goals. But at what cost?
Competing shipping companies gained market share and UPS never fully
recovered from the strike.
The Lesson Here: A strike is an option of last resort can hurt the union as much as
the employer. Careful planning and execution with specific goals and a strong
media message are needed to be successful.
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Chapter 11
ORGANIZING YOUR WORKPLACE
PLANNING
EXERSIZE 11.3 – INDENTIFY THE ELEMENTS OF AN ORGANIZING PLAN
EXERSIZE 11.4 – ORGANIZING PLAN QUESTION FORM
GETTING MEMBERS ACTIVE AND INVOLVED IN UNION ACTIVITIES
EXERSIZE 11.6 – GETTING MEMBERS INVOLVED IDEA ACTIVITY
THE “ORGANIZING” WAY TO USE UNION LITERATURE
11.1 Organizing Your Workplace
So now you have the base knowledge to be an effective shop steward. However
having “Knowledge” vs. “Street Smarts” matters. It’s easy to say “Organize Your
Workplace.” It’s another thing to actually do it.
Remember primary role of a shop steward: to build a united, organized, and
involved membership in your workplace.
Organizing is fundamentally how we move power from
management to the union.
This chapter discusses how to organize your workplace for both day-to-day issues and for
larger issues that you may have to address. This chapter includes interactive exercises and
group activities to help teach how to organize your workplace.
11.2 Planning
To organize successfully, you must have a clear and well thought out plan. The plan
must be on paper and agreed to by all members of your leadership team. Having
dissenting members of your leadership team working to undermine your efforts only
leads to failure.
Developing A Plan
There are many elements to developing a good plan. It is important to consider all
aspects of a situation when developing a plan and use a checklist to help you brainstorm,
consider, and develop a plan that will work for you. Finally, don’t be afraid to re-assess
your plan as necessary and make changes when appropriate.
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NEMSA Labor Relations Representatives should always be consulted prior to any
major work actions or organizing efforts. They are professional resources for your shop
and your leadership team.
Exercise 11.3 INDENTIFY THE ELEMENTS OF AN ORGANIZING PLAN
Purpose
To identify the important elements of an organizing plan.
Task 1
What things do we need to think about to develop a good organizing plan?
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Exercise 11.4
ORGANIZING PLAN QUESTION FORM
Purpose
To Give A Template For Plan Consideration and Development
This template is designed to help clarify issues and in the development of an organizing
plan. Answer the following questions:
1. What’s the Problem? Clearly and simply define the problem in 1-3 sentences.
2. What’s the Solution? What is your demand? What is the bottom line? Are
there places to compromise?
3. Who is the Target? Who in management has the authority to resolve this
problem and negotiate over your demand? Is there more than one person
involved?
4. What Advantages Do You Have? What do you have working for you? Good
leaders? Contract Language? People are angry and want things to change, etc…
5. What Disadvantages Do You Have? What is working against you? Dissent in
the bargaining unit? Management unwilling to bend or compromise? Workforce
not mobilized? Workforce not aware of the problem, etc…
6. What Will Be The Challenges To Overcome?
7. What Will You Do? How will your group bring this issue to the attention of
your workforce or management? How will you escalate if the boss says no? Is
escalation worth the price? What actions will you do to unify people and put
pressure on the boss?
8. What Is Your Campaign Message? How will you sell this to your co-workers?
How will you get people involved?
9. How Will You Communicate With Your Co-Workers? Phone trees?
Meetings? Newsletters? One on One Conversation?
10. How Are Things Going? Do we need to change course? Is everything working
OK?
11. How Did It Go? Did the activities go well? Did we involve the people we
wanted? What do we need to do next?
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Planning Summary
Take time to develop a plan.
Elements of a good plan include:
•
•
•
•
•
•
•
•
Problem and Solution
Target
Strengths of Your Group
Challenges You Might Face
Actions to Unify Your Group
Actions to Pressure Your Target
Communication Plan
Evaluation
Organizing is fundamentally how we move power from management to the union.
Be an organizer and a leader. Involve others in the planning and implementation of your
action plan
Be an educator. Talk to members about the issues so they understand why it’s worth
their effort to fight.
Be a planner. A fight is usually part of a campaign that may require multiple actions.
When planning your actions, leave room to re-assess, adjust, or escalate as needed.
Make sure that the options you chose are legal, protected activities, and that members
know the risks associated with the actions. If unsure, get advice from more experience
shop stewards or NEMSA Labor Relations Representatives.
11.5 Getting Members Active and Involved in Union Activities
Perhaps one of the biggest challenges for a shop steward can be getting members active
and involved in union activities. A NEMSA steward is first and foremost an organizer –
a leader at work who gets their co-workers involved in solving problems on the job and
advancing the interests of the membership. Promoting union events and recruiting
members to participate is an important part of being a shop steward.
There are many ways to get members involved in union activities and many ways to
communicate with members. Finding the most effective way for your particular
workforce is sometimes trial and error. However Labor Unions, activists, and not-forprofit organizations through the years have learned that the single best method of
communication is one-on-one contact.
97
Exercise 11.6 GETTING MEMBERS INVOLVED IDEA ACTIVITY
Purpose
To Discuss and evaluate ways to get members involved in union activities.
Task
In small groups, list ways you as a shop steward can promote union events among your
co-workers and get them to attend a meeting, rally, or other event. Discuss the
advantages and disadvantages of each of these methods. Use the table below to list your
group’s ideas.
Turnout Idea
Advantages
Disadvantages
1.
2.
3.
4.
5.
6.
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11.7 The “ORGANIZING’ Way To Use Union Literature
If you want less than 5% of workers to read the literature, leaflet,
newsletter, etc…
• Send it in an email
• Post it on an internet web site
If you want less than 10% of the workers to read the literature, leaflet,
newsletter, etc…
• Drop the literature in the lunchroom or day
room and hope workers pick them up.
• Post a leaflet on the bulletin board and hope
everyone stops to read it.
If you want about 25% of the workers to read the literature, leaflet,
newsletter, etc…
• Put literature in everyone’s mailbox
• Drop the literature on everyone’s desk.
If you want 75% or more of workers to read the literature, leaflet,
newsletter, etc…
• Personally hand a copy to each worker.
• Tell them it’s important to read it.
If you want 75% or more of workers to read the literature, leaflet,
newsletter, etc… and then do something as a result of it.
• Repeat the important information on the
literature as you hand it to each worker
• Get a commitment from each worker to attend
the meeting, sign the petition, write a letter,
etc…
99
How To Turn Out People To A Meeting or
Event
6 Steps To Ensure A Good Turnout
Set a Goal / Create A List of Targets
• Think strategic in creating a list of target people
• Identify the people you see as saying yes or possible yes
• Identify places you can get people, numbers, and lists.
Personal Contact
• Tell the person about the event.
• Ask them to come
• Tell them why it’s important for them specifically to be involved.
• Get a commitment from that person
• Get all phone numbers (you’ll need it for a follow-up or reminder)
Written Contract
• During or even after the personal contact, follow up in writing.
• Present the person with a flyer or memo.
• Make sure that the written confirmation for the meeting or event includes the time,
date, directions, and a way of contacting the shop steward if they have questions.
Second Personal Contact
• Make reminder calls a day or two before the meeting/event.
• Always stress the importance for the event and their role within it.
• Get a further commitment to ensure their attendance. Example: “Can you pick up
Dezi on your way?” or “Do you need a ride since it’s your day off?”
Accountability / Keeping Track
• Each person involved in the turn-out effort needs to keep a record and be accountable
for their contacts
• Ask people to let you know whom they spoke with and what was the result. How
many said YES and how many said NO.
And Don’t Forget The 50% Rule:
Always invite twice as many people as you ideally want at your event. On the day of
the event, only 50% of those people will actually attend.
•
•
The 50% rule holds true in every case except times of crisis.
To Be Safe, always use the 50% rule.
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SERVICES ASSOCIATION
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INTERNET DEVELOPMENT PROJECT
PRESENTS
NEMSA SHOP BASED WEB PAGES
Featuring Local Control Of Communication Tools
SHOP STEWARD
WEB ADMINISTRATOR GUIDE
VERSION 1
Author: Jason J. Herring
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