Education & Research: Steward's Corner
by Robert Wechsler, Education Director

The Steward's Bill of Rights
When this country was founded, the framers of the Constitution realized that individual rights had to be guaranteed against the excessive power of the government. Without these rights, the government could encroach on the civil rights of all of its citizens.

In the same way, the steward needs a bill of rights to guarantee that the employer doesn't take way the ability of the steward to perform his or her union job. Somehow, we never got around to writing these rights down like the framers of the Constitution did, but those rights are still there.

Here they are:

1. I have a right to represent the union. You are the union's advocate at the work site as well as in the union hall. You are in office to protect the rights of all members and defend the contract. The employer cannot choose some stewards to work with and ignore others. The union designates its stewards, not the employer.
2. I am there for the member. The member must be able to find you and speak with you about work-related issues. This does not mean that work has to stop when issues are discussed. It does mean that the employer cannot prevent the union representative from speaking with the member so long as work and production is not interfered with.
3. In conducting my union job, I am the equal of management. Employers, particularly first-level supervisors have a difficult time with this. It means that you have the right to be at all grievance meetings with the grievant. Your role is not a passive one. Under the National Labor Relations Act, this role is described as the "equality" rule. In most of our Railway Labor Act contracts and public sector agreements, you also have that right. You are the equal with management in grievance discussions.
4. I have the right to consult with my member. When you arrive at a meeting with the member present, you have a right to stop the meeting and speak privately with the member. This is particularly true when the member believes the meeting will result in the assessment of some form of discipline.
5. I have the right to defend the member. The method of defense is up to you. You can be quiet, business-like and/or you can increase the volume at a grievance meeting. You can go "toe-to-toe" with the boss. It's not to wise to lose your cool but you certainly have the right not to be intimidated by loud words or threats.
6. I have the right to investigate grievances. If you are going to defend the member you must be able to talk with witnesses, supervisors, and other members. You must be able to look at records and personnel files. Access to personnel files is not a simple issue. Under the National Labor Relations Act, it can be an unfair labor practice if the employer refuses to allow you to look at records. You may need the permission of the member to see the records. Certain state statutes also guarantee that right. The Railway Labor does not offer the same guarantees but denial to access records should be documented in writing and reported to the union.
7. I have a right to organize my brother and sister employees. This is a basic right to sign up members and show their support of the union. That support can take the form of wearing union buttons or stickers unless there is contrary language in your agreement which deals with a dress code. You can have lunch meetings or shopgates before or after work.
8. I have the right to question anyone, even members of management who may have information relevant to a grievance investigation. If you are to conduct a proper investigation, you need to find out precisely what happened and that means talking to everyone involved prior to any hearing. If you are denied access to anyone, document it in writing so it can be added to the record.
9. I have the right to question disciplinary action under the just cause doctrine. Discipline can be questioned on a number of fronts which may call into question the rule itself, how it is communicated to our members, and how it is administered by the employer. These areas go way beyond whether our member is innocent or guilty of an alleged infraction. Do not hesitate to use the just cause doctrine to challenge the discipline and the rule itself.
10. I cannot be disciplined for exercising these rights. After you have showed your employer that you know your rights, he or she may come after you like a shark in deep water. Remember you cannot be disciplined for doing your job as a steward. That kind of action is one which will bring the full force of the union to bear on the boss. An attack on one of us is an attack on all of us. But also remember, that as a steward, you cannot neglect your other 8 hour job, that of an employee. Because most employers will not go after the steward as steward, they will go after the steward as employee.

Remember this bill of rights. They guarantee your job as a steward and your role in defense our members.