INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL STEWARD/TRUSTEE TRAINING presented by FEDERAL MEDIATION AND CO

1. INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL STEWARD/TRUSTEE TRAINING presented by FEDERAL MEDIATION AND CONCILIATION SERVICE COMMISSIONERS: TIMOTHY GERMANY DAVID THALER

2. CIVIL SERVICE REFORM ACT OF 1978 • FULLFILLED A CAMPAIGN PROMISE OF President • Carter • Abolished the then Civil Service Commission. • Act seeks greater accountability from federal workers. • Gave greater discretion to managers regarding work • performances and overall agency accountability. • Act gave greater protection to employees from abuses by federal managers.

3. Civil Service Reform Act of 1978 Created: • Merit System Protection Board • Federal Labor Relations Authority • Office of Management and Budget

4. FEDERAL LABOR RELATIONS AUTHORITY • Resolves unfair labor disputes. • Determines appropriateness of bargaining units. • Adjudicates issues related to the duty to bargain and impasse issues. • Adjudicates exceptions to arbitration awards.

5. Merit Systems Protection Board Independent, bipartisan, board. Sets personnel rules under which federal employees work without abuse from managers and partisan political pressure Adjudicates appeals of personnel action. Studies various federal merit systems.

6. EXPECTATIONS OF IFPTE TRUSTEES EXPECTATIONS OF STEWARDS

7. Legal Rights of Stewards and Union Officials

8. The Equality Rule WHEN STEWARDS ARE ENGAGED IN REPRSENTATIONAL ACTIVITIES THEY ARE CONSIDERED THE EQUALS WITH MANAGEMENT.

9. The No Reprisal Rule An employer may not retaliate against a steward because of the way the steward carries out his/her duties.

10. ROLE AND DUTIES OF A STEWARD and other Union Officials TRUE OR FALSE?

11. An employer may not retaliate against a steward because of the way the steward carries out his/her duties.

12. A supervisor commits an unfair labor practice if they verbally attack the shop steward and calls submitted grievances “nit picking” and a “waste of time”.

13. An employer may not retaliate against a steward because he curses at supervisor during a grievance meeting.

14. An employer violates the NLRA if in retaliation the employer deprives a steward of overtime or other benefits.

15. Employer can and should expect better work and attendance from shop stewards.

16. When a clause in the collective bargaining agreement imposes a higher duties on union representatives a steward may be disciplined to a greater degree than a rank-and-filer.

17. Which of the following is NOT allowed during the steward’s presentation at a grievance: * shouting * shaking finger at supervisor * cursing * telling grievant to not answer a supervisor’s question

18. Weingarten Rights • Weingarten Rights refer to an employee’s right to Union representation during any any employer interview which that employee feels might lead to a disciplinary action. The Weingarten Rights result from Supreme Court Case. National Labor Relations Board vs. J. Weingarten, Inc. 1975

19. WEINGARTEN—TRUE OR FALSE?

20. During Weingarten interviews, the Union official is the legal equal of the management representative.

21. When questioning ends, Union representatives can provide additional information to the employer representative.

22. Employees can walk out on such meetings if the employer insists that the questions be answered without a Union representative being present.

23. After a question is answered, the Union representative can advise the employee on how to answer the question.

24. An employer does not have to wait for or allow the presence of a Union representative at an investigatory interview if disciplinary action has already been decided.

25. The employee is allowed to talk to the Union representative in private.

26. An employee is entitled to have a Union representative present at any investigatory interview by the employer which the employee reasonably believes might result in a disciplinary action.

27. The employee is entitled to get information from the employer about the subject of the meeting and the topics to be discussed.

28. Management is under no obligation to inform the employee of Weingarten rules before starting an investigatory interview.

29. The interview must be delayed if the requested Union representative is not available.

30. Union officials can advise an employee not to answer a question.

31. After the employee makes a request for a union representative • The employer must: • Grant the request and delay the questioning until representative arrives. • Deny the request and end the interview immediately • Offer employee a choice of having the interview • without representation of any kind or of having no interview at all.

32. If the employer denies the request for union representation and continues to ask questions, the employee can refuse to answer the question.

33. Stewards have no right to tell employees not to answer questions during a Weingarten meeting.

34. The Steward does not have the right to bargain over the purpose or topic of the interview.

35. After a question is asked, the steward can give advice to the employee on how to answer.

36. THREE CONDITIONS DETERMINE WHAT HAPPENS IN MEETINGS • CONTAINER • DIFFERENCES • EXCHANGES

37. CONTAINERS Set the boundaries and degrees of constraint in which the system operates, they hold the system together. Containers can be physical, psychological organizational, behavioral situational charismatic

38. DIFFERENCES • Differences provide the potential for interaction and change within a system. • Differences disclose what is important to the agents. • Examples: power gender race education budgets affiliation elephant in the room

39. TRANSFORMING EXCHANGES Forms of connections between agents: Face to face meetings E-Mail Memos, Letters, Notes Phone calls

40. Steward Representational Activities • Investigating a complaint • Requesting information • Presenting a grievance • Negotiating a collective • bargaining agreement

41. Which of the following is NOT allowed during the steward’s presentation at a grievance: * shouting * shaking finger at supervisor * cursing * telling grievant to not answer a supervisor’s question

42. WHEN STEWARDS ARE ENGAGED IN REPRSENTATIONAL ACTIVITIES THEY ARE CONSIDERED THE EQUALS WITH MANAGEMENT

43. A supervisor commits an unfair labor practice if they verbally attack the shop steward and calls submitted grievances “nit picking” and a “waste of time”

44. An employer may not retaliate against a steward because of the way the steward carries out his/her duties.

45. An employer does not commit an unfair labor labor practice by holding steward to a higher standard than other employees.

46. An employer may not retaliate against a steward because he curses at supervisor during a grievance meeting

47. An employer violates the NLRA if in retaliation the employer deprives a steward of overtime or other benefits

48. Employer can and should expect better work and attendance from shop stewards.

49. Conflict Paradoxes How far apart are people when they are in conflict: Infinite distance No Distance

50. Conflict Paradoxes Where are conflicts located: Between the parties Within the parties