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Union Stewards

Status of Stewards on the Jobsite

The greater the bargaining power at the job site, the more influence workers have over working conditions. Craft unions are in a unique position to determine how work is going to be done. The local union’s first line of control over working conditions are the activists who defend workers rights on the job. The most effective representation demonstrates thorough familiarity with the contract. Attending monthly union meetings is a minimum preparation for a steward’s position. In addition, various training classes are available for stewards. Except on larger projects, stewards are not as common in construction as other industries.

Grievance Investigations
Stewards need not wait for fellow workers to present complaints. Solicitation (i.e., talking about union matters) is a protected activity for all employees during breaks, meals and non-working time. This solicitation may include the posting of notices or distribution of literature. The contract may contain specific language allowing stewards time during work to investigate grievances. In addition, this may be allowable if it has been the past practice to authorize such activity.

Click below for more information on Section 7 rights:
Section 7 Rights (Word document)

Adjusting grievances
According to Robert Schwartz (author of The Legal Rights of Union Stewards), NLRA Section 9(a) - Word document, is one of the least understood aspects of contract administration. He argues that the union is given broad latitude to participate in any decisions made about working conditions such as job assignments, hours, overtime schedules and the like. The statute states the following:

	Employers are permitted to meet privately with individual employees to hear a grievance;
	Employers may not make private deals with individuals without the union’s ok;
	A union may waive this right if it agrees to contract language authorizing supervisors to make adjustments without a steward or other representative present;
	Union by-laws may prohibit a member from presenting a grievance without going through a union representative;
	Filing a grievance is a form of concerted activity. Union activities in support of the grievance may be legally protected.

Referral and layoff
Stewards should be appointed at all shops and on all projects. Since they are integral to the conduct of union business, they may have preferential seniority (not superseniority) for referral as well as layoff.

Equality Rule
Stewards enjoy special status in conducting union business. When stewards are representing workers, they are engaged in protected conduct. They cannot be disciplined for behavior that otherwise might be considered insubordination. Basic challenges to management authority are allowed under the law. The steward is an advocate for the worker and for the contract. Some limits apply, such as threats or actual violence, unrestrained profanity or racial epithets. Stewards may not impede a legitimate investigation of misconduct or disobey a lawful order (something that doesn’t violate the NLRA). Under most circumstances, employees are expected to obey supervisors orders, even if they violate the contract, and grieve later, unless the employee has a reasonable basis for believing that obeying would jeopardize his/her health or safety.

Reprisals
Employers are not allowed to retaliate against a steward for carrying out his or her duties. Occasionally, contract language will hold a steward to a higher standard of conduct than other employees.