The Equality Rule: Protected Status for Stewards

You are representing a member while they are being questioned by management and suddenly the discussion becomes heated. Your manager raises their voice and so do you. The next thing you know you are written up for inappropriate behavior!

This may sound far-fetched to some experienced Stewards, but in reality, it does happen. If this happens to you file a grievance to remove the write up and contact your Union Representative right away. Your manager’s actions are a violation of law.

Management often doesn’t understand the protected status a Steward has while acting as a union representative. You are in the meeting as an advocate for the member, and can behave in ways that managers would not find acceptable from an employee.

The National Labor Relations Act and court cases provide the framework for your rights as a Steward. A popular court case decision explains it like this:

“The relationship at a grievance meeting is not a ‘master-servant’ relationship but a relationship between company advocates on one side and union advocates on the other side engaged as equal opposing parties in litigation.”

Many courts interpret this to include heated debate, and, until recently even “salty language”. New changes to board rulings mean that even if debate becomes heated, we must always attempt to remain professional. The Equality Standard has never protected extreme profanity, racial or ethnic slurs, threats or physical contact.

Despite a Steward’s protection under the law, in most cases, heated debate isn’t the best way to resolve the member’s issues. Often times members are emotional about the situation, and they depend on you to keep them calm and help fix the problem. If you find yourself getting angry or emotional, chances are your member is likely feeling that way too. Use your right as a Union Steward to take a break with your member and regroup.

The best way to solve a member’s issue is to act professionally in your role as a union representative. First and foremost, we are there to solve the member’s problem.