1/4/2023 What can you do if you request to meet with a shop steward and are denied a meeting?Read Now Whenever you observe anything work related that seems like it may be a violation of our collective bargaining agreement, you have a right under Article 15 to dispute, disagree with, find difference with management in regards to, or complain about the incident. That right includes asking from the employee's immediate supervisor for a steward to represent the employee in that "grievance" issue, even if only to report the incident with a witness statement.
In the Medford installation offices, we have locally negotiated an agreement on how an APWU represented employee requests representation. Make sure to request time to meet with a steward from your supervisor (NOT the steward). If the request is urgent and you need to meet with a steward immediately, please advise your supervisor. Otherwise, your supervisor will notify you within two hours when you can meet with a steward. Under Weingarten, an employee has a statutory right to refuse to submit to an investigatory interview without union representation which he or she reasonably believes might result in disciplinary action. Naturally, the APWU advises its bargaining unit employees to exercise their right under the National Labor Relations Act to request and have a union representative participate and assist them in any investigatory interview. Don’t they have to ask me if I want a steward present? No! Unlike the Miranda Rights in which a police officer must give the warning if you are going to be asked questions during an arrest, management nor the inspection service are required to ask you if you want a steward present or even inform you of the Weingarten Rights. You MUST request representation. Postal Inspectors are required to grant an employee the right to request union representation during an investigatory interview. However, an employee's right to representation is not automatic, and is limited to those situations wherein an employee reasonably believes the interview could result in disciplinary action. If you are denied your request for representation, the Postal Inspector may not conduct the interview, therefore, do not answer any more questions. If by the end of your tour, your supervisor has failed to notify you within the two hours of the meeting time with a steward, and you must leave to go home, if you like, you can email or write a statement for a steward off the clock. When doing so, keep track of when you began writing or accessing a computer in order to type or email your statement. Be thorough and include the entire names of witnesses, supervisors, and the exact date and time of each incident. Also if you can, make copies and/or scan in all the documents that you refer to or that you believe the steward will need for your issue. Keep track of all the time you take scanning or copying these documents. Then email or drop off your statement and documents to the steward office at the plant. Record the amount of time you take for your next request for a steward meeting. The list of local stewards should be be posted in every facility. Most stewards can be contacted by text message at their listed phone numbers, and one of us will text back the email address to send your statement to. On the following day after being required to provide evidence and a statement off the clock, request once again to meet with your steward. This time, the reason is to provide a statement for an Article 15 violation. The Article 15 violation is the violation of your right to meet with a representative in your initial grievance. This becomes a second and separate grievance issue. When asked for the reason, you simply state to your supervisor, "I need to provide evidence and a written statement involving an Article 15 violation to my steward." You should not be required to explain anything else. Again, your supervisor shall notify you within two hours when you can meet with a steward. And, as before, should your request to meet with a steward to represent you be denied, you once again can email or write a statement for a steward off the clock. This statement is different than your original reason for meeting with a steward. This time, you will testify that you requested to meet with a steward to report that you were denied a meeting with a steward the previous day. This is an entirely new grievance. And once again, keep track of when you began writing or accessing a computer in order to type or email your statement. Each day thereafter, when you request to meet with a steward, it will be for an Article 15 violation. And each subsequent day that you are denied a meeting, your steward will initiate another grievance and request as a remedy that you be paid for each and every time you provided evidence and a statement off the clock at the overtime rate. Eventually, your supervisor will realize that you are serious when you request to meet with a steward and will desist from delaying your right again. Comments are closed.
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