Union Approach to Health and Safety: - United Steelworkers

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• The NLRB usually defers to the arbitration process to decide disputes over the interpretation of management rights clauses. • NLRB Remedies • Cease and desist • Restore status quo ante • Make whole • Order to bargain in good faith • Post a notice to employees • The union's right to information • The union has a right to most information that the employer has which is relevant to bargaining over mandatory subjects. • Few exceptions • No deferral to arbitration if employer fails to provide • No impasse if request has not been met • When connected with unilateral change, NLRB may refuse to defer both charges Exclusive Representation • Once employees have chosen a union to represent them, no other organization can represent the members of the bargaining unit. • Any committee on which bargaining unit members serve, that in any way deals with mandatory subjects of bargaining, is legally an extension of the union. No Employer Domination of a Labor Organization • Any committee or organization of any kind that deals with mandatory subjects of bargaining is considered a labor organization under the law. • Management may not dominate or interfere with a labor organization. • If management sets up a committee without full agreement of the union, and if that committee deals with any issue concerning wages, hours, or other terms and conditions of employment, then that committee is illegal. • A committee set up by management is illegal even if it doesn’t engage in actual bargaining. Even if all the committee does is to discuss issues, the committee is illegal. The "Equality Principle" • Under the law, anyone who represents the union in any way is considered to be the equal of management when engaged in representational activity. No Retaliation or Threats • It is illegal for employers to "interfere with, restrain, or coerce employees" in the exercise of their rights as employees and union representatives.
Resource Handout THE OSHA INSPECTION This handout explains your rights to request and participate in workplace inspections conducted by the Occupational Safety and Health Administration (OSHA), an agency of the U.S. Department of Labor. Much of the information in this fact sheet is from Chapter 2 of OSHA’s Field Inspection Reference Manual (FIRM), the instruction book for inspectors. The FIRM is available on OSHA’s web site: www.osha.gov . If your employer is covered by the Occupational Safety and Health Act, you have the right to request an OSHA inspection. OSHA also may make unrequested inspections. Inspections can cover the entire workplace or just a few operations. OSHA calls its inspectors “compliance officers.” Some are trained about safety hazards; some are trained about health hazards (industrial hygienists); a few are trained about both. Deciding To File A Request For An Inspection Deciding to file a request for an OSHA inspection is an important decision. When a specific OSHA standard applies to a clear hazard, it may be the right decision. However, OSHA does not have standards for every hazard, and some current OSHA standards are not fully protective of workers’ health or safety. While it is possible to OSHA to issue a “General Duty Clause” citation for hazards not covered, or not covered sufficiently, by OSHA standards, the requirements for issuing such a citation are very strict and OSHA may not be able to issue one. Because of this, there are cases in which calling OSHA may not be the best way to get management to fix a problem. In fact, if OSHA inspects and decides not to issue a citation, a workforce may be at more of a disadvantage with management waving their “clean bill of health” inspection report. Unions should consider a range of options, including telling management that they will call for an OSHA inspection if management does not fix the problem. In certain situations, this could get a more effective and quicker response than actually calling for an OSHA inspection. Involvement Of The Union In The Inspection If you have a union, it should be involved in all aspects of the inspection. Although employer retaliation against individuals for safety and health activity is illegal under Section 11(c) of OSHA, having your union file the complaint may offer better protection against retaliation. The USW Health, Safety and Environment Department can assist your local union, staff representative and others in your District with advice about filing OSHA complaints: safety@usw.org or 412-562-2581.
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Union Approach to Health and Safety
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Activity Handout: Goals for Workpla
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Activity Worksheet: Planning for a
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3. Why did this problem get correct
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Activity Handout: Impacts of Workpl
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involvement groups or teams. Genera
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discourage workers from reporting i
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References Aiken, L.H., Clarke, S.P
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National Institute for Occupational
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High levels of monthly overtime (84
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Multi-skilling Multi-tasking Flexib
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All of these trends have negative i
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Arenas of Struggle: Where Managemen
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Introduction In 1993, the USWA init
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substance of collective worker powe
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Management is seeking to create a p
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"rubber hits the road," in the actu
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would with a management facilitator
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their sense of solidarity with fell
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People are told that the reason tha
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Lost in the Desert is one of severa
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include: * Success and failure are
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In the workplace, where management
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1) that everything that happens in
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impacts of changes while ignoring l
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include: How does the appearance of
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Ideas for Acting Like a Union: Make
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Involvement programs often utilize
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waste as management defines it incl
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A favorite trick of involvement con
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A flip chart and magic marker are o
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Please send comments and suggestion
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consultant is claiming that they ha
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Where will the data be stored? What
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Questions about New Work Systems an
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What is the anticipated impact of t
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2. Often the main problem with safe
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What Is The Most Effective Way To P
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In any investigation of an injury,
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tasks at ground level rather than w
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Some people thought that this prove
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design a simple health and safety s
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ACTIVITY HANDOUT GOALS FOR WORKPLAC
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9. Action planning for improving th
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hazardous conditions as the key pro
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involves regular union-only meeting
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protective equipment. Management ap
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This list is a draft that can be ad
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894 DECISIONS OF THE NATIONAL LABOR
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Place an arrowhead going toward the
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Questions To Answer Regarding Commu
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a. For the one agenda item that you
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4. Making a strategic plan for the
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III. Formulating Proposal/Demands:
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5. Information Gathering: a. What a
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WHY DO STRATEGIC PLANNING? Most uni
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Who: Someone needs to be assigned t
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