Local 104

[BigUnionGuy]

Some of you overestimate the role of the steward.

That is recurring "verbal garbage" spewed by low level management.

A steward is a witness, nothing more.

Absolute BS.

 

[BigUnionGuy]

but I still did the job to the best of my ability and contacted my BA immediately after to ensure I didn't miss anything.

And that is what you should do. (and what every Steward should do)

Is anyone.. really.. an expert on everything ?



-Bug-

 

[Integrity]

I'm not gonna presume to know how your local or region handles things but I've been a lurker on this board long enough and talked with enough Teamsters/UPSers across the country to know there's a lot of different approaches to things. I don't belong to a very large preload by many standards, it's one of the smallest centers in the area and no where near what any of the hubs handle but I also know the reason we have 'so many' stewards is because there were issues with disputes between past stewards and general membership, and while I can't 'imagine' just how deep/far those disputes went as I've never been privy to the specifics but I did confirm today there were several cases where Steward X wouldn't represent Members A, B or C(and that wasn't limited to just one of the stewards, and of course some members refused to be represented by some stewards as well). Apparently the company and local had no issue with that at the time as there were other stewards available(whether or not there was a time when only the 'members in conflict' were available I couldn't determine). To the best of my knowledge there are no such issues currently but I do know a few of the more senior members have repeatedly voiced concern over being represented by a steward so new to the job(noting no steward in my building has less then 10 years seniority and 5 years as a steward)

But you're right, every member is entitled to fair and proper representation, but that doesn't mean every steward has to be able to give that to them. I've been put to use in a pinch to represent a few drivers and I openly admit my knowledge of the contract in regards to several hot driver topics/concerns isn't great, and not for lack of trying but simply because it's not something I 'have to deal with' enough to really get accustomed to it, does that mean those drivers were underserved or improperly represented at the time? Maybe, but I still did the job to the best of my ability and contacted my BA immediately after to ensure I didn't miss anything.

And speaking back to the differences there is a considerable amount of room for 'imagining' as the one thing I've heard from multiple BAs and the higher ups at my local is that stewards aren't supposed to be masters of the contract, simply informed enough to make intelligent decisions and 'interpretations' of the contract as it's needed of us. The same way all of us have to 'imagine' how the company holds a world class safety recognition and yet seems to do so little to keep us safe.


I mean being a witness is a big part of the job but I wouldn't say there's 'no special education or experience required', granted there likely are locals where stewards are nominated/voted in with next to no understanding of the job or contract but at least in my experience no one is considered for the role without at least showing some knowledge and interest in how things should work and are 'mentored' on that for a short time before their 'stewardship' begins.



I've been a steward for close to a decade now and I can ensure you my Executive Board barely knows me(the local's president might as I had the 'gall' to call him out on something during a demands meeting and was a bit famous/infamous for the next few meetings), and I'm easily one of the loudest and most proactive stewards in my building. I can't even say with confidence the other BAs that handle UPS know my name even though I know and have interacted with most all of them at times, either when they were sharing coverage of my building, covering for my BA(or the short time we didn't have a dedicated one), or at meetings/panels. Just a part of the differences we all deal with.

If you are filing grievances for even a very small portion of the violations that undoubtedly go on in your area then how is it possible that your Union officials don’t know you?

Don’t you go to hearings?

Have you ever gone to Panel?

Do you file grievances?

Does your local have a Christmas Party?

Does your local have Shop Steward Seminars?

I don’t understand.

 

[Phraust]

If you are filing grievances for even a very small portion of the violations that undoubtedly go on in your area then how is it possible that your Union officials don’t know you?

Don’t you go to hearings?

Have you ever gone to Panel?

Do you file grievances?

Does your local have a Christmas Party?

Does your local have Shop Steward Seminars?

I don’t understand.

Even pre covid when I'd stop by and drop them off in person at best I'd see the receptionist and my BA, I'd always say hello to anyone I'd pass in the halls and if I knew exactly who they were(which was fairly common as it's not a huge local) I'd make sure to use their names. Out of all my halls visits though it's rare I see or even hear any of the Executive Board members.

If by hearings you mean Center Levels(might be a local vernacular difference?) yes, I'm the Steward of Record/Sitting Steward more often then not, it's almost always just my BA as far as union reps go, the President makes RARE appearances(gonna say maybe 3 in all my years) if there's an issue in terms of general policy, like shortly after we first started running Saturdays 'normally'.

Been to a few panels, maybe 4, usually my grievances don't go that far and they're rarely held nearby, if I can make it I still attend ones for fellow stewards that have grievances being heard then but sitting is usually very limited which isn't how I've heard others describe how their panels are held.

File grievances all the time, been a bit slower due to Covid and less then ideal communication with my BA as sadly my center is seen as overly self sufficient and that often means we don't get the support we need when we ask for/need it. My center manager and I have a very...developed...relationship because of it(partly because most of the other stewards hate dealing with her and are all to happy to have me do it)

Xmas Parties and a few other holidays have been very hit or miss, I attended one New Years party right after becoming a steward and was told it's rare the local actually has one. They had a St Patty's party a few years back but there were only maybe 15 people that showed, mostly BAs and a few stewards I know from other centers/hubs in the area.

Shop Steward Seminars, yep, and while I am an active and vocal member I also pay attention, take notes and don't feel the need to ask the same question the last 2 guys did with slightly different wording each time so neither the President and/or Secretary-Treasurer have gotten into the habit of cracking jokes about my ability to pay attention.

I'd put money on the fact the President and Secretary-Treasurer recognize me as a steward, the Pres may even remember my name after my little bout of fame/infamy if he holds any sort of grudge but I doubt they could tell you what building I'm out of, how long I've been a steward or even how active I tend to be in the meetings/seminars/zoom conferences/etc.

 

[UPSER1987]

That is recurring "verbal garbage" spewed by low level management.



Absolute BS.

I knew you would slither from under your rock. The truth hurts.

 

[Inthegame]

Some of you overestimate the role of the steward. A steward is a witness, nothing more. Still a cardboard worker- no special education or experience required. This person normally has the most days off in the center.

There appears to be a disappointing episode in your past to come to such a jaded view of the position. While witnessing (and taking notes) is an important function of stewardship, it hardly describes a "good" steward.

As a steward, I once "witnessed" a hearing where a driver pulled a trl off a door that a sup re-entered after the driver shut the door. The driver got so worked up that he completed lost it and went off on the sup with language that would make a sailor blush.

So the butt hurt sup runs to the driver's manager to tattle. This new manager, ignoring the reckless behavior of the sup, decides the language the driver used was too much and informs the driver he's fired immediately. I asked the manager for a private word, where I agreed completed that no one should berate other employees like that. I then reminded the manager of an incident weeks earlier where this manager called me an "a#$hole" as he walked through the lunchroom, trying to be "one of the guys". I told the manager a little white lie that I had signed witness statements from others in the room who heard the exchange, that I'd be bringing along to our guys termination grievance.

The manager looked like he saw a ghost, and promptly reconvened the mtg where our guy was calmly told not to talk like that anymore and get back to work.

Sometimes special education is innate.

 

[nWo]

Is this because you were late and management wouldn't give you your guarantee?

 

[104Feeder]

You have the right of the Union Steward of your choice as long as they are available. This means if all three of those Stewards are on property you can pick, but you can't delay until the Driver Steward you like gets in, for example, unless the Company is in agreement. If there is no Steward available the meeting cannot continue until one is, and another Bargaining Unit employee cannot be substituted for a Steward recognized by the Local. When you see "Steward or designated alternate" in Article 4, "designated alternate" is just a Steward who pays dues same as a member, in Locals that provide that benefit such as ours. A Steward has the duty of fair representation, which means they have to represent you (not witness) in disciplinary meetings and process your grievances regardless of your sex, color, creed, orientation, any personal bias, and regardless of whether you are a member or not. Sadly, the NLRB considers the Steward being present "fair representation". As a 23 yr Steward I couldn't imagine doing anything less than my best for any member. If I represent them fairly and vigorously I can always address exactly how they are friend-ing up later and my words will carry more weight. If you are having this problem with a Local 104 Steward not wanting to represent you I would encourage you to contact his or her Business Agent or the Hall directly to sort it out. Stewards have lives and responsibilities just like anyone else but when they choose to step up and become a Steward it's not just when it's convenient.

 

[Jlandry]

Good old Freddy. Didn’t get your way so now you hate them. Hahahahaha.

 

[Blacklivesmattertoo]

Can a union steward refuse to represent you if he or she wishes??

I believe you can choose your rep at the time of there is a problem with the supervisor

 

[UPSER1987]

Can a union steward refuse to represent you if he or she wishes??

Anyone can be a witness to a meeting. That is the sole function of the steward. He/she has no magical powers.

 

[104Feeder]

Anyone can be a witness to a meeting. That is the sole function of the steward. He/she has no magical powers.

Still wrong.
WEINGARTEN RIGHTS
Weingarten rights guarantee an employee the right to Union representation during an investigatory interview. These rights, established by the Supreme Court, in 1975 in the case of J'. Weingarten Inc,, must be claimed by the employee. The supervisor has no obligation to inform an employee that s/he is entitled to Union representation.

What is an Investigatory Interview?

An investigatory interview is one in which a Supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his/her conduct. If an employee has a reasonable belief that discipline or discharge may result from what s/he says, the employee has the right to request Union representation.

Examples of such an interview are:

1. The interview is part of the employer's disciplinary procedure or is a component of the employer's procedure for determining whether discipline will be imposed.
   
   
2. The purpose of the interview is to investigate an employee's performance where discipline, demotion or other adverse consequences to the employee's job status or working conditions are a possible result.
   
   
3. The purpose of the interview is to elicit facts from the employee to support disciplinary action that is probable or that is being considered, or to obtain admissions of misconduct or other evidence to support a disciplinary decision already made.
   
   
4. The employee is required to explain his/her conduct, or defend it during the interview, or is compelled to answer questions or give evidence.

It is an obligation of the Union to educate bargaining unit employees about their Weingarten rights BEFORE an occasion to use them arises. An employee must state to the employer that he/she wants a Union representative present; the employer has no obligation to ask: the employee if she/he wants a representative.
Weingarten Rules

When an investigatory interview occurs, the following rules apply:

Rule 1 - The employee must make a clear request for Union representation before or during the interview. The employee can't be punished for making this request.

Rule 2 - After the employee makes the request, the supervisor has 3 options. S/he mug either:

1. Grant the request and delay the interview until the Union representative arrives and has a chance to consult privately with the employee: or
   
   
2. Deny the request and end the interview immediately; or
   
   
3. Give the employee a Choice of: 1)having the interview without representation or 2) ending the interview

Rule 3 - If the supervisor denies the request and continues to ask questions, this is an unfair labor practice and the employee has a right to refuse to answer. The employee cannot be disciplined for such refusal but is required to sit there until the supervisor terminates the interview. Leaving before this happens may constitute punishable insubordination.
Union Representative's Rights Under Weingarten

You are not required to merely be 'silent witness'. You have the right to:

1. be informed by the supervisor of the subject matter of the interview
   
   
2. take the employee aside for a private conference before questioning begins
   
   
3. speak during the interview
   
   
4. request that the supervisor clarify a question so that what is being asked is understood
   
   
5. give employee advice on how to answer a question
   
   
6. provide additional information to the supervisor at the end of the questioning.

You do not have the right to tell the employee not to answer nor, obviously, to give false answers. An employee can be disciplined for refusing to answer questions.

A standard statement to suggest to members is:

"If this discussion could in any way lead to my being disciplined or discharged, request that my Union representative be present at the meeting. Without representation, I choose not to answer any questions."

The employer will be ordered to cease and desist and to post a notice. Discipline that is imposed for insisting on Weingarten rights will be overturned. Discipline will not be overturned if the discipline was for reasons other than insistence on Weingarten rights. Although information gained by the Employer from the employee in a meeting during which a breach of Weingarten rights occurred, may be excluded from a hearing on the matter.
An employee has NO right to the presence of a Union representative where:

1. The meeting is merely for the purpose of conveying work instructions, training, or communicating needed corrections in the employee's work techniques.
   
   
2. The employee is assured by the employer prior to the interview that no discipline or employment consequences can result from the interview.
   
   
3. The employer has reached a final decision to impose certain discipline on the employee prior to the interview, and the purpose of the interview is to inform the employee of the discipline or to impose it.
   
   
4. Any conversation or discussion about the previously determined discipline which is initiated by the employee and without employer encouragement or instigation after the employee is informed of the action.

Even in the above four (4) circumstances, the employee can still ask for representation. Most employers will permit a representative to attend even when not required to.

See Article 4

NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT | UPS Union Issues

NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT For The Period August 1, 2018 through July 31, 2023

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