You asked for it, here it is. The basics you need to know regarding the discharge of a Steward. Be mindful that you can only be discharged for "Just Cause". What constitutes "Just Cause"? Nowadays it seems more and more cases center on the Steward being overzealous about his Steward Duties. Such cases can be easily won in the Steward's favor if that is the extent of the contractor's complaint. Mind you, this is all assuming you have an honest stand-up Business Representative (BA) that is prepared to back his Steward in the field. However, not doing the work assigned to you by the contractor, or performing the assigned work so badly that said work is unsalvageable; this will hold up well, in favor of the contractor. Our advice to you is simple, DO NOT sign up for work that you can not perform. Do not assume that you can skirt by because you are the Steward on the job.
If you feel that your BA has unjustly sided with the contractor during a Steward Discharge Hearing and feel you have cause, file a grievance (see form below) directly with the District Council Supervisor / Review Officer, etc. When doing so be sure to file the grievance in triplicate (i.e. one copy for your records, one by US Mail, the other by Return Request or Certified Mail). This assures that your grievance will be received and eventually dealt with.
Stewards prepare yourselves, the real battle for the soul of our Union is about to begin very soon. Below are clauses in US Law and Collective Bargaining Agreements that give you an idea of what your rights are regarding discharge. All information is linked to original documents for further reading.
If you feel that your BA has unjustly sided with the contractor during a Steward Discharge Hearing and feel you have cause, file a grievance (see form below) directly with the District Council Supervisor / Review Officer, etc. When doing so be sure to file the grievance in triplicate (i.e. one copy for your records, one by US Mail, the other by Return Request or Certified Mail). This assures that your grievance will be received and eventually dealt with.
District Council Grievance Form
(Click on Image for Larger Printable Version)
Stewards prepare yourselves, the real battle for the soul of our Union is about to begin very soon. Below are clauses in US Law and Collective Bargaining Agreements that give you an idea of what your rights are regarding discharge. All information is linked to original documents for further reading.
According to The National Labor Relations Act :
"It shall be an unfair labor practice for an employer —
(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title;
(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 156 of this title, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;
(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization...."
"When a signatory Employer wishes to layoff a Shop Steward during continous employment, the Employer must notify the Union and have a meeting on the job with the Union within twenty-four (24) hours. If termination takes place, a letter must be sent to the Union" (Article VII, Section 3 of the BCA).
Once again in yet another contract the Agreement between The Association of Wall-Ceiling & Carpentry Industries of New York, Inc. and The District Council of New York City & Vicinity of the United Brotherhood of Carpenters & Joiners of America, AFL-CIO July1, 2006 - June 30, 2011:
"When a signatory Employer wishes to layoff a Shop Steward during continous employment, the Employer must notify the Union and have a meeting on the job with the Union within twenty-four (24) hours. If termination takes place, a letter must be sent to the Union" (Article VI, Section 2 of The WCA).
And again in the Agreement between Members of The General Contractors Association of New York, Inc. and The District Council of Carpenters of New York City & Vicinity July 1, 2006 - June 30, 2011:
"When a signatory Contractor lays off a Shop Steward during continous employment, the Contactor must notify the Union and have a meeting on the Job with the Union within twenty-four (24) hours" (Article III, Section 3 of The GCA).
Finally in the Project Labor Agreement Covering Specified Construction Work Under the Capital Improvement Progrqam for Fiscal Years 2009 - 2014 on Behalf of the New York City School Construction Authority it states:
"Contractors agree to notify the appropriate Union twenty-four (24) hours prior to the layoff of a Steward, except in cases of discipline or discharge for just cause. If a Steward is protected against layoff by a Schedule A Provision, such provision shall be recognized to the extent the Steward possesses the necessary qualifications to perform the work required. In any case in which a Steward is discharged or disciplined for just cause, the local Union involved shall be notified immediately by the Contractor" (Article 5, Section 3 of the PLA/SCA).
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