The steward’s role at a disciplinary hearing

THE STEWARD’S ROLE AT A DISCIPLINARY HEARING

The nature and procedures of disciplinary hearings are governed by law, contracts, and/or procedures. In general, the steward should follow these guidelines at a hearing:

• Speak to the member prior to the hearing. If it is a formal disciplinary hearing with advance notice, take the time to proceed with an investigation of the alleged infraction. • Prior to the hearing, inform the member who will be present, how the meeting will be conducted, and what they should expect. • It is perfectly acceptable for members to answer questions with,

“Yes,” “No,” or “I don’t know.” Once the member has answered a question, they are under no obligation to elaborate. • At most hearings the steward can take as active a role as theysee fit. • You can stop the meeting at any time to speak privately with the member. • Take notes or bring in a second person to take notes. • Do not rely on the supervisor’s notes. • The written record is important. It documents what was said, not what was allegedly said. Cases have been won and lost on the accuracy of the records. • The bottom line is to make sure that the member is treated as fairly as possible under circumstances that are heavily weighted against them. You must handle all disciplinary cases as if they will go to arbitration. Remember, even if the investigation does not go the way you had hoped, you can challenge the discipline, how management conducted itself through the process, or the

“just cause” section of your contract by appealing through your grievance procedure. • Remember, your role is to build the strongest case for the member — that means making the case believable. You must consider the employer’s explanation of “just cause” for discipline. You must consider the grievor’s employment record, any extenuating circumstances, the severity of the discipline, future consequences, and whether a union representative was present at all disciplinary meetings.