Shop Steward’s Rights
The National Agreement gives shop stewards the right to investigate and process grievances. To properly investigate, the steward must have access to the employer’s information. The steward has a legal right to obtain this information. Article 17 and 31 of the National Agreement and the National Labor Relations Act enforces this right. Management’s obligation is to provide the requested information.
To obtain employer information, the steward need only give a reasonable description of what he/she needs to enforce the contract. The Union must have a reason for requesting the information; it cannot just go on a fishing expedition. Stewards can request and obtain attendance and payroll records, disciplinary and payroll records, disciplinary records along with Postal Inspection Service Investigative Memorandums. The Union is also entitled to medical records and documents in an employee’s official personnel file.
Although Management has the obligation to provide the requested information to the Union, and to do so as soon as reasonably possible, Management may not delay or refuse to provide the requested information. Remember that the time limits for filing grievances are not waived if Management delays or refuses to provide the information.
When information is delayed or denied, stewards should file a separate grievance to enforce their “Steward’s Rights” under Article 17 and 31. To support the Union’s contention of a “Steward’s Rights” violation, shop stewards must be able to prove that the requests for information was made and properly submitted. It is recommended that the stewards put their requests in writing, keep a copy, and document details regarding the submitted request. It would be a good idea to have the supervisor initial such a request when submitted, and to also include a copy in the case file. A simple cease and desist by Management may be sufficient to remedy the problem. If it continues and escalates, a compensatory remedy may be in order.
Along with the steward’s right to request and be provided information to investigate, come the actual filing of the grievance. The processing of grievances is on the clock. Management cannot “unreasonably deny” request for paid grievance-handling time. If Management denies this request, stewards should again file a separate grievance to protect their “Steward’s Rights” under the contract. If the steward is forced to file a grievance off the clock to maintain time limits, the remedy should be a monetary one.
Article 17 gives the shop stewards certain rights under the contract: The right to request and obtain Management’s information; the right to investigate and process grievance; the right to paid time to conduct those activities; and the employee’s right to Union Representation.
