Union Approach to Health and Safety: - United Steelworkers

equired to provide the union with information it requests concerning “mandatory
subjects of bargaining.” Since health and safety is a mandatory subject of bargaining, an
employer must provide a union with requested safety and health information. Note that
this right to information is for unions, not individual workers. Information an employer
must provide includes information also available under OSHA, and in addition includes
any other safety and health information the union feels it needs to represent workers (like
accident/incident reports, first aid reports, health and safety inspection records, and
information on workers’ compensation claims). The law requires that the employer
provide the information within a reasonable period of time. If the employer refuses to
give the union requested information, or unreasonably delays in providing the
information, then the union can file a failure to bargain charge with the agency that
enforces the bargaining law. Charges regarding an employer’s failure to provide
information are generally settled much faster than other charges.
Rights for Worker Involvement in Health and Safety Activities
Workers who participate in health and safety activities can be protected against employer
retaliation under bargaining law. In order to be protected, the health and safety activity
has to be “concerted,” meaning the activity involves two or more workers who are in
agreement and act together. The right to participate in “concerted activity” is not limited
to workers who belong to labor unions. This protection applies to all workers covered by
the bargaining law, whether or not they are represented by a union. Some examples of
protected concerted activity are distributing leaflets, participating in rallies, and filing and
pursuing group grievances.
If an employer retaliates against workers engaged in concerted activity, workers can file a
charge claiming discrimination based on union or collective activity.
It is important to document the retaliation and what led up to it. Affected workers should
write down:
What was the health or safety problem?
What did workers ask for or do?
Who was involved in the activity?
How did the employer know of the activity?
What was said and/or done by the employer to retaliate?
Were there witnesses to the health and safety activity and/or the retaliation?
Workers who are retaliated against should inform and involve their union, if they have a
union. The best protection workers have against employer retaliation for health and
safety activities is a union contract. Specific contract language can give workers much
stronger protection against employer retaliation for health and safety activities than the
protections offered under the law.