![]() They stood as equals when negotiating the grievance.” Typical is this ruling by arbitrator Fred Witney: “.the was not in the status of an employee when he called the division manager a fool and liar.the relationship was between a Company and Union representative. The Fifth Circuit said the NLRA protects “against discipline for impulsive and perhaps insubordinate behavior that occurs during grievance meetings, for such meetings require a free and frank exchange of views.”Īrbitrators generally agree. The principle of union equality, sometimes termed “steward’s immunity,” is also recognized by the courts. In another decision, the Board said: “Some profanity and even defiance must be tolerated during confrontations over contractual rights.” Under the National Labor Relations Act, when stewards and officers engage in representational activity, including grievance meetings and bargaining sessions, behavior that in other circumstances would warrant discipline must be tolerated.Īccording to one NLRB ruling, “The relationship at a grievance meeting is not a 'master-servant' relationship but a relationship between company advocates on one side and union advocates on the other side, engaged as equal opposing parties in litigation.” To resolve this dilemma, labor law accords a special status to union representatives. Some legal treatises call this the “master-servant rule.”īut if stewards were subject to this rule while engaging in union activity, they would face an intolerable risk: speaking up for a member could put their own jobs in jeopardy. In many cases you should be able to make your points temperately, practicing “quiet diplomacy.” But occasions will undoubtedly arise when you will want to raise your voice, challenge a supervisor's credibility, or argue your case in other vigorous ways.Ī widely accepted labor relations canon allows employers to discipline workers who fail to act respectfully toward management. On the shop floor and in grievance meetings, you must defend the actions of members and contest those of management. Standing up to bosses is essential to being a steward. Read about it here: Trump Labor Board Upends Special Status of Union Stewards. Important update, 2020: Unfortunately, the Labor Board recently overturned this longstanding principle of labor relations.
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