#73 Union Steward Abuse

Union steward’s actions exceeded the range of reasonable conduct when challenging a supervisor’s decision in front of the supervisor’s subordinate and other employees. Note that neither the union steward nor any unionized workers are employed at will. Therefore, the at-will provision is deleted from the Employee Acknowledgment section.

PERFORMANCE CORRECTION NOTICE

Employee Name: Frank Valdez

Department: Environmental Services

Date Presented: February 10, 2017

Supervisor: Norman Elder

 

DISCIPLINARY LEVEL

imageVerbal Correction—(To memorialize the conversation.)

imageWritten Warning—(State nature of offense, method of correction, and action to be taken if offense is repeated.)

imageInvestigatory Leave—(Include length of time and nature of review.)

imageFinal Written Warning

imageWithout decision-making leave

imageWith decision-making leave (Attach memo of instructions.)

imageWith unpaid suspension

 

SUBJECT:Inappropriate conduct and abuse of union steward privileges

imagePolicy/Procedure Violation

imagePerformance Transgression

imageBehavior/Conduct Infraction

imageAbsenteeism/Tardiness

 

PRIOR NOTIFICATIONS

image

Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.

Frank,

Yesterday, you and a member of your union, janitor Barbara Jones, approached Don Smith, supervisor of environmental services, in the hallway to question a scheduling decision he made. Supervisor Smith stated, and janitor Jones confirmed, that you became unnecessarily antagonistic during that meeting.

You made comments to Don Smith in front of his staff member, Barbara Jones, that “you’re doing it again—you’re playing favorites,” “what kind of crap management is this?” and “whoever promoted you into this job was a goddamn fool.” You also stated your opinion loudly enough for other employees in the hallway to hear. At face value, your remarks were rude. The tone of your voice, however, made those comments inflammatory and challenging. Consequently, your aggressive representation while acting in your capacity as shop steward has gone beyond the bounds of appropriateness.

Remember as well that when we addressed this issue with you last April, you assured me, the vice president of Human Resources, that you would be more sensitive about how you communicate with managers of this organization. You committed to me that you would not again engage in activity that was seen as too “hot” or “out of control.” You also stated that you would conduct controversial meetings in private—not out in the open where everyone could hear. Local 555’s business representative, Victor Farmington, agreed at that time to help you abide by your commitment.

 

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals: Frank, I expect that you will conduct all union-related business in private and in a manner that does not demonstrate contempt for the management of this organization.

2. Training or Special Direction Provided: Please work further with Victor Farmington, business representative of Local 555, regarding proper protocol for investigating and filing grievances and intervening between management and union members.

3. Interim Performance Evaluation Necessary? No

4. Our Employee Assistance Program (EAP) provider, Prime Behavioral Health Group, can be confidentially reached to assist you at (800) 555-5555. This is strictly voluntary. A booklet regarding the EAP’s services is available from Human Resources.

5. In addition, I recognize that you may have certain ideas to improve your performance. Therefore, I encourage you to provide your own Personal Improvement Plan Input and Suggestions:

image

(Attach additional sheets if needed.)

 

OUTCOMES AND CONSEQUENCES

Positive: I will remain available to help you and discuss areas where you require additional support. If you meet your performance goals, no further disciplinary action will be taken regarding this issue. In addition, by working more cooperatively with individual managers, you will help our organization work more effectively with Local 555 in resolving employee disputes effectively.

Negative: You are now being placed on notice that any further conduct that could be construed as an inappropriate use of your union steward status may lead to disciplinary action up to and including dismissal. A copy of this document will be placed in your personnel file.

Scheduled Review Date: None

 

EMPLOYEE COMMENTS AND/OR REBUTTAL

image

 

EMPLOYEE ACKNOWLEDGMENT GOES HERE

Note: Since this employee is governed by a collective bargaining agreement and is not employed at will, it is necessary to delete the at-will clause from the Employee Acknowledgment.

 

 

 

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