"STEWARD'S TIP OF THE WEEK"
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STEWARDS: DO YOU HAVE A TIP TO SHARE?
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May 26, 2009
"Even if you don’t want to…, part 2"
OK, so you need to represent a member, no matter how you feel about them personally. But what if your problem is not with the member, but with the grievance itself? Does a steward have to file any and all grievances that a member wants filed?
Generally yes, but not always. Two examples of when a steward does not have to file a grievance:
- If there are extenuating circumstance that may prevent a steward from fulfilling their duty relative to a particular member, the steward must refer the member to another steward/officer/field rep. For instance, if a steward has just been promoted and a member comes and asks them to file a grievance because they felt they should have been promoted over the steward, the steward should refer them to someone else for assistance. The appearance of conflict of interest should be avoided.
- The union does not have to file a grievance if it has a good-faith belief that the grievance is unfounded, is outside the scope of the contract, or cannot be won based on the facts presented.
If you do not file a grievance on behalf of the member, the member still has the right to file for him/herself and continue through the grievance process right up to, but not including, arbitration.
If you have specific questions or situations regarding Duty of Fair Representation, please check with your Local 509 Field Rep. |