Ensure everyone in the union is familiar with preventing abuse
practices.
Every labor organization and its involved members should
ensure as many of the represented workforce are familiar with the basic job
protection practices needed to safeguard their employment and career.
Too often, many in management do not view this as a priority area, and
take it upon themselves by attempting to perform the functions of a job in an
arena they are unfamiliar with. This can result in problems at the workplace as
well as result in liability, not only to the company, but also a represented
employee unfamiliar with the ethical standards or abilities of their immediate
supervisors. And, incidents that
could have been avoided, for example, with an initial investment of properly
training someone, eventually result in a catastrophic event.
Communicate.
Appropriate communication is the most important thing a union member can
do to prevent problems. Supervisors must understand what is expected of them,
and how to resolve issues internally, should they ever unintentionally or
intentionally create workplace concerns. Through effective communication with
supervisors, union members will be far less likely to become entrenched in
costly and lengthy legal battles. Good communication is the key. Initiate a
discussion of implementing an open-door policy if one doesn’t already exist,
and encourage supervisors and managers to talk with represented employees
informally on how to best resolve an issue while adhering to the collective
bargaining agreement.
If management is not interested or uncooperative in resolving the issue,
elevate it. Seek the assistance of a Shop Steward, Unit Officer or Region
Officer before contacting the Union Office.
Document everything. Your
notes don’t have to be elaborate, just accurate.
Keep a record of the time and date, the persons in attendance, and most
importantly, the issue discussed and if it was resolved or not.
If a supervisor or manager is uncomfortable with you keeping notes,
accommodate them. Create a
comfortable environment. As soon as
the discussion is concluded, document everything you can remember; date, time,
those in attendance, and the issue – resolved or unresolved.
Be wary of “Verbal Agreements” also known as “Direct
Bargaining.”
Because it can be difficult for a union to show where and when these
types of illegal agreements exist. Some
supervisors attempt to enter into a verbal agreement with an individual
represented employee to assist in easing the burden of their own job by
enlisting the help of that employee in return for some exclusive favor.
But when something goes wrong, seldom is there a case where a supervisor
admits to direct bargaining. A
supervisor being an “at will” employee is not going to risk losing their
position in the company. More
often, it is the represented employee who is going to have a disciplinary action
taken against them and that can lead to termination.
For example, if a represented employee is working “uphill duties”
they should be receiving the wages of that classification.
It does not serve any good purpose if a represented employee enters into
a verbal agreement with their supervisor to perform the tasks of a higher
classification and then is not compensated for it.
Too many things can go wrong: If
it happens often, the possibility of the time being tracked and recorded
properly may not occur and the
represented employee loses out on wages earned; a position which may need to be
added never gets filled; the opportunity to learn your job well becomes less
likely; and, the workload increases while staffing decreases at the work
location and that creates even more problems.
Everyone is responsible for performing the duties of their job.
Including supervisors who mistake their Positions of Responsibility
as positions of authority and then abuse them.
The best practice is to perform the responsibilities of your
classification as outlined in the Job Profile exclusively to that classification
and the Collective Bargaining Agreement and expect the same of your supervisor.
The Union does not discourage represented employees from learning the
duties of a higher classification. Our
concern is to ensure that an opportunity for a necessary regular position is not
eliminated and that every represented employee is compensated as mutually agreed
upon between the company and the union for the tasks which they perform.
Identify
and Recognize Supervising Methods
It is sometimes misunderstood just exactly who is protected against
harassment and discrimination. And,
what types of harassment and discrimination are covered under law.
Employees often claim in grievances and lawsuits that supervisors and/or
managers committed acts of harassment and/or discrimination.
Acts in which, if the employee was of one of the “protected classes”
and the supervisor and/or manager was committing the act because that individual
was of a protected class, it would be appropriate to file a claim against the
employer. But
in some cases, what management has actually committed is to single out an
employee to use as an example for the rest of the workgroup.
So what can a represented employee do to prevent such unethical behavior?
First, recognize the behavior for what it is.
An extreme method of supervising is when a supervisor is unwilling or
unable to utilize a more successful but time-consuming approach such as
mentoring. Mentoring requires
direct involvement in a person’s on-the-job training as well as follow-up to
ensure consistency in practice. Mentoring
involves tracking an individual’s progress.
Mentoring involves giving proper guidance and encouragement.
Mentoring involves providing an individual with the sufficient amount of
time and proper resources to complete the tasks-at-hand effectively and
efficiently. But obviously,
mentoring is not every supervisor’s cup of tea.
Another method of trying to gain control over a workgroup can start as
early as the morning. Though outdated and somewhat archaic some management teams
still use the “wolf-pack” method and you may have seen it without
consciously realizing it. Like a
pack of wolves surrounding their prey the management team streams out together
from an office and each one takes their position around the represented
workforce eliminating any chance of escape.
Now they have a captive audience. Regardless
of what they may call it, it is an intimidation method for establishing control.
Not all forms of harassment and discrimination and intimidation are
covered under the law. Some which
do exist: Such as those in the National Labor Relations Act when participating
in a concerted activity; Title VII of the Civil Rights Act regarding race,
color, religion, national origin, and gender; the Americans with Disabilities
Act for persons with a disability; the Age Discrimination in Employment Act for
persons age 40 or older; along with others such as the Family and Medical Leave
Act, the California Family Rights Act, Fair Labor Standards Act, the Workers’
Compensation and Safety Act, the Health Insurance Portability and Accountability
Act, the Occupational Safety and Health Act all contain language protecting
employees from harassment and discrimination when they enforce their rights
within the context of these laws.
Practice Policy.
There’s nothing wrong with a little competition until it affects the
quality of your product or the safety of another.
In the company, there are many policies and procedures to remember and
not even the most seasoned veteran can memorize all of them, especially when
policies have changed and changed back over a period of several years and
there’s a policy for almost every task you encounter.
Do it right the first time. Don’t
cut corners. If you don’t know, know where to find it.
Seek the advice of someone more knowledgeable and experienced.
And, most importantly, don’t pretend you know it all.
Don’t assume that because something didn’t go wrong this time it
won’t happen the next time around. Don’t
assume that one of your co-workers will follow behind you to complete your tasks
of responsibility. Don’t assume
that your supervisor is your friend because they only counseled you this time.
Every position has its place and purpose.
Whether we realize or can admit it, one classification or represented
employee cannot function to their fullest extent without others.
It is a symbiotic relation. It
doesn’t matter if you provide a service or information it takes everyone
together to be successful. If one
deviates, it can and usually does negatively affect others in the workgroup.
So,
above all, Practice Policy.
Communicate.
Yes, it bears repeating. Represented
employees that maintain open and constructive lines of communication with their
union representatives and co-workers are more likely to preserve management’s
dignity and respect for the represented workforce.
Any experienced employment lawyer will tell you that positive and open
communication can prevent many workplace problems, including supervisory abuse
and intimidation.
Employers that comply with basic employment and human principles and laws
reap the benefits of happier employees and fewer actions against them.