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The Special Status of Union Stewards


The Equality Rule:

Under the National Labor Relations Act, when Union Stewards are engaged in "representational" activities, they are considered equals with management. Therefore, vigorous advocacy and other behavior which would otherwise warrant discipline must be tolerated.

Hawaiian Hauling Service, Ltd., 219 NLRB 765 (1975) in part, states:

"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."

The equality rule applies to a union representative in his/her representational capacity only; it does not apply to his/her individual capacity.

Same Standards Rule:
  • Stewards cannot be held to higher standards than other employees.
No - Reprisal Rule:
  • Stewards cannot be retaliated against for their representational duties.
 
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A Union One Project

David Williams, Project Director
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