Union Approach to Health and Safety: - United Steelworkers

Right To Refuse Unsafe Work
Bargaining laws generally include limited protections against employer retaliation for
workers who refuse to do unsafe work. For example, under the National Labor Relations
Act, a worker may be protected if the worker in good faith believes the work is
dangerous; the work refusal is concerted (involves more than one worker); and the work
refusal does not violate a “no strike” clause in a union contract (under the NLRA, brief
work stoppages to avoid a particular job hazard are allowed even if a contract has a nonstrike
clause). However, it can take years for a work refusal case to be litigated; and
there are no guarantees that workers will win their jobs back and/or win back pay.
Specific language in a union contract can give workers much stronger rights to refuse
unsafe work than the rights offered under the law.
Enforcement of Bargaining Law Rights
If an employer violates any of these worker or union rights, then a charge can be filed
with the government agency that enforces the law. There are time limits for filing a
charge. For instance, a charge under the National Labor Act must be filed within six
months of the employer’s action or inaction. Unfortunately, it can take years to resolve a
case.
Workers and unions should always also file OSHA Section 11(c) charges in the case of
retaliation for involvement in safety and health activities or discipline for refusing
dangerous work. And if there is union contract, it may also be possible to file a
grievance for violation of any of the rights discussed above.