Union Approach to Health and Safety: - United Steelworkers

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This list is a draft that can be added to or changed. But when your local has done that, let us know about your suggestions as well as print up the finished product, post it around the union hall and make sure that all our members who are involved in joint labor-management health and safety committees have a copy and know what is expected of them.
E. I. DU PONT & CO. 893 E. I. du Pont de Nemours & Company and Chemical Workers Association, Inc., International Brotherhood of Dupont Workers and Chambers Works Central Safety and Occupational Health Committee; Antiknocks Area Safety Committee; Jackson Lab Programs and Publicity Committee; Freon Central Safety Committee; Chambers Works Fitness Committee a/k/a Chambers Works Recreation/Activities Committee; Control Unit Safety Committee; and Physical Distribution Safety Committee a/k/a Environmental Resources Safety Committee, Parties-in-Interest. Cases 4–CA–18737– 1, 4–CA–18737–2, 4–CA–18737–3, 4–CA– 18737–4, 4–CA–18737–5, 4–CA–18737–6, 4– CA–18737–7, 4–CA–18792, 4–CA–18835, 4–CA– 18840–2, and 4–CA–19078 1 On May 13, 1992, Administrative Law Judge Marion C. Ladwig issued the attached decision. The Respondent and the General Counsel filed exceptions and supporting briefs. The Respondent and the General Counsel also filed answering briefs. The Charging Party filed a brief in opposition to the Respondent’s exceptions. Amicus curiae briefs were filed by International Union, United Mine Workers of America, Labor Policy Association, and by the National Association of Manufacturers, the Chamber of Commerce of the United States of America, the American Iron and Steel Institute, and the Coalition of Management for Positive Employment, Training and Education. Chairman Stephens is recused from participating in this case. 2 The judge found that the Respondent dominated the formation of the Freon Committee. He then found it unnecessary to reach the allegation that the Respondent dominated the formation of the Fitness Committee because such a finding would not affect the remedy. The General Counsel excepts to the judge’s failure to pass on the Fitness Committee allegation and urges that the remedy is affected by this failure because there is no remedial provision regarding domination of the formation of committees. We agree with the General Counsel’s contention that the remedy does not address domination of formation. In this regard, the judge inadvertently failed to include a remedial provision for the violation he found concerning the formation of the Freon Committee. We correct this oversight and accordingly find it unnecessary to rule on the allegation that the Respondent dominated the formation of the Fitness Committee, as it would not affect the corrected remedy. 311 NLRB No. 88 May 28, 1993 DECISION AND ORDER BY MEMBERS DEVANEY, OVIATT, AND RAUDABAUGH The central issues in this case are whether six safety committees and one fitness committee are employerdominated labor organizations within the meaning of Section 2(5) and Section 8(a)(2) of the Act and whether the Respondent bypassed the Union in dealing with the committees and in dealing with unit employees during safety conferences, in violation of Section 8(a)(5). 1 The judge found that the seven committees at issue are labor organizations and that the Employer dominated the formation of one of the committees 2 and the administration of all the committees, in violation of Section 8(a)(2). He found that the Respondent bypassed the Union by dealing with these committees, in violation of Section 8(a)(5). 3 The judge, however, dismissed the allegations that the Respondent violated Section 8(a)(5) by holding safety conferences. We agree with all the judge’s rulings. 4 We add rationale to his decision because we wish to provide guidance for those seeking to implement lawful cooperative programs between employees and management. Our recent decision in Electromation 5 addressed certain issues raised by employee participation committees in a nonunion setting. The instant case provides the opportunity to address issues raised by employee participation committees which exist in circumstances where employees have selected an exclusive collectivebargaining representative. The Respondent here ran afoul of the Act. We clarify the basis for these violations and suggest what the Respondent could have done to avoid unlawful conduct. The Respondent also engaged in some lawful cooperative efforts. We emphasize those efforts because they show that there is some room for lawful cooperation under the Act. 6 3 Although the judge found that the Respondent unlawfully bypassed the Union by dealing with the safety committees and the fitness committee concerning numerous proposals for safety awards and recreational facilities, the judge inadvertently failed to address the allegations that the Respondent violated Sec. 8(a)(5) by implementing these proposals without affording the Union the opportunity to bargain. We correct this oversight and find that the Respondent unlawfully implemented proposals concerning safety incentives and prizes and fitness facilities. (See G.C. Exh. 36 which contains the parties’ stipulation to the items provided by the Respondent.) We shall order the Respondent to cease and desist from unilaterally providing such items. We shall also order the Respondent, on request by the Union, to rescind these unilateral changes. However, our Order should not be construed as requiring the Respondent to cancel any benefit without a request from the Union. See, e.g., Columbia Portland Cement Co., 303 NLRB 880, 885 (1991). 4 The Respondent argues, and the General Counsel agrees, that the judge provided an overbroad remedy for the Respondent’s unlawful prohibition of the use of the electronic mail system for the distribution of union literature and notices. We find merit in the Respondent’s exception and shall limit the remedy to discriminatory prohibition of the use of the electronic mail system for distributing union literature and notices. See Storer Communications, 294 NLRB 1056, 1099 (1989). 5 309 NLRB 990 (1992). 6 As is clear from the decision and his concurring opinion in Electromation, Inc., supra, Member Oviatt agrees in many respects with the comments of his concurring colleague, particularly those regarding the efficacy and usefulness of employee-management cooperative programs and the rationale used to determine whether Sec. 8(a)(2) has been violated. Electromation, Inc., also highlights areas in which Member Oviatt’s approach differs from that of his concurring colleague, in particular the issue whether employee-members of a committee must act in a representational capacity before the committee can be found to be a Sec. 2(5) labor organization. Member Raudabaugh shares his concurring colleague’s interest in encouraging and allowing employees, employers, and unions lawfully to pursue employee participation and cooperation between management and employees in the workplace. He stresses here, however, as he did in his concurring opinion in Electromation, that the Board Continued
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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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United Steelworkers Health, Safety
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United Steelworkers Health, Safety
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8) The union members of the joint c
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Activity Handout: COLOR-CODE FOR WO
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Activity Handout COLOR-CODE FOR WOR
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To create a body map, you need the
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A set of “sticky dots” in 6 dif
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Example of Life Map in Progress Ask
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Activity Handout COLOR-CODE FOR WOR
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4. Why did you choose this particul
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STEP #1: IDENTIFY THE SURVEY TOPIC
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those being surveyed care about ano
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time, and so on. These are consider
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Access to Exposure and Medical Reco
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• The names of chemical hazards i
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Sample Request Letter to Employer f
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Workers and/or unions who request i
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There can be a charge for these cop
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equired to provide the union with i
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• The NLRB usually defers to the
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Calling For An Inspection If you wa
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equires it. In practice, most emplo
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OSHA Citations OSHA may choose to i
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Who: Someone needs to be assigned t
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Union Approach to Health and Safety: - United Steelworkers

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