Union Representatives' Legal Rights
1. Equality Principle
Under the NLRA, steward and union officers have a protected legal status. When engaged in representational activities, stewards and union officers are considered to be equals with management. A union representative performing union business is protected from retaliation or discrimination for raised voices, gestures, forceful expressions, or threats of legal action However outrageous or indefensible conduct, such as threats of violence, extreme profanity racial epithets, physical violence, illegal work-stoppages, work disruptions, slow-downs, and filing grievances in bad faith are not protected.
2. Grievance Process
Both the grievant and the union representative are protected in the grievance process. Union representatives can solicit grievances and investigate grievances before work, after work and during breaks. Such union business can be conducted during work if it is provided for in the contract or by past practice.
The union is the exclusive bargaining agent for all employees in the bargaining unit Therefore, while an individual member has the right to bring a grievance on his or her own behalf without a union representative being present, management may not "adjust" a grievance without a union representative being given the opportunity to be present (unless this right is waived in the contract).
A union can also engage in a variety of concerted activities to support a grievance.
3. Right to Information
Under the NLRA the union has a right to obtain information from employers regarding grievances. Requests must be specific and relevant and should be in writing. The kinds of information relevant to the grievance that can be requested include: accident records, disciplinary memos, personnel files, insurance policies, payroll records, promotion records, bargaining notes seniority lists, job descriptions, evaluations, company memos, health and safety reports , non-bargaining unit personnel files, etc.
4. Weingarten Rights
Union members have a right to union representative during investigatory interview An investigatory interview involves a supervisor asking questions to obtain information which could lead the employee's discipline. Employers are not obligated to inform members of their Weingarten rights. It is the union's role to do so. Employees must request union representation before or during the interview. During the interview the steward or union representative has the right to:
speak . request information, clarification
advise on how to answer provide additional information
caucus . . protect grievant from self-incrimination
a private, pre-interview conference with worker
You cannot advise a worker to refuse to answer or to lie.
5. Unilateral changes
Management has the following obligations before implementing new rules, job practices and significant work assignment changes durng the life of the contract:
Management must notify the union to give opportunity to bargain.
The union must request bargaining prior to the implementation of the change If the union fails to request bargaining, then it loses it's bargaining rights on the change.
After receiving the union's request, management must suspend implementation until bargaining is completed.
The parties must bargain in good faith to agreement or impasse.
If the negotiations come to impasse, then management can implement its proposed change (and the union can grieve if it wishes to).
Based on The Legal Rights of Union Stewards by Robert Schwartz

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