How to deal with shop stewards or Union misconduct?
An employer should consider bringing in advisors to help its managers deal with difficult and challenging union officials or perhaps the employer should consider getting managers who have the experience, skill and expertise to handle union officials. Naturally, the union and its members will have certain expectations of its representatives.
What was the reason for dismissal of a shop steward?
The Court also found that the reason for the dismissal related to the employee’s exercising his functions as shop steward — for this reason the dismissal was found to be automatically unfair in terms of section 187 of the Labour Relations Act of 1995. Managers are also entitled to participate in union activities.
How can we get rid of our unwanted shop steward?
Verified In order to remove the shop steward you would need to follow the bylaws of your union and/or your contract which would have a provision for removal.
What is the Code of good practice for shop stewards?
This is confirmed by schedule 8: Code of Good Practice: on dismissal, requiring the Union to be notified of any disciplinary action against its shop steward. Trade union representatives (shop stewards) are perhaps the best example of an employee having divided loyalties.
Can a union steward be asked to work after hours?
Stewards who go home or to the union hall to work on grievances after hours are normally not paid—this is not the same as an employee who is asked to work on a company project after the normal workday. Employers should be careful when scheduling grievance meetings with the union.
Why are union stewards given a special status?
But if stewards were subject to this rule while engaging in union activity, they would face an intolerable risk: speaking up for a member could put their own jobs in jeopardy. To resolve this dilemma, labor law accords a special status to union representatives.
Can a union steward be threatened for filing a grievance?
Management may not punish a steward for filing a grievance—even if a case lacks merit or is petty or “offensive.” Nor may a steward be threatened for encouraging employees to file. The law also forbids other retaliation such as poor evaluations, burdensome work schedules, or transfers.
When does a union steward act in a representational capacity?
The equality principle applies when a steward acts in a representational capacity: argues a contract matter, attempts to resolve a problem, investigates a complaint, requests information, presents a grievance, disputes a decision affecting the bargaining unit, or leads a union protest.