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Robust – Yet Respectful – Debate Okay
The Supreme Court has affirmed a number of times that
a Shop Steward (Job Rep) can engage in “robust debate” if it is
intended to make a point. The following recount is from a Personnel
Appeals Board (PAB) decision where a Shop Steward overstepped his
bounds.
The steward was representing a co-worker in a
telephone conference call with management to discuss the home
assignment of the co-worker. One of the management officials began
the call by attempting to explain the reason for the assignment. The
steward interrupted by stating that his co-worker wasn’t being
treated fairly. His co-worker stated in an upset and frustrated
manner that she felt she was “under house arrest.” In an angry and
escalated voice, the steward repeated that his co-worker was not
being treated fairly.
At that point the management official warned
the steward that the call would be terminated if he did not calm
down. The focus of the conversation then shifted from the co-worker
to the steward, who stated, “You can’t treat me like this.” Once
again, the management official asked the steward to calm down. The
steward replied that he did not have to calm down because he was a
shop steward while continuing to angrily interrupt and yell and
finally said, “I’m going to get you for this.” The call was finally
terminated and three days later the steward was assigned to his home
pending an investigation.
The facts...
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The steward had agreed to an agency
standard of conduct when he was initially hired by the agency.
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The steward received two letters of
reprimand, for performance deficiencies within four months prior
to the incident.
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For the previous ten (10) years, his
performance evaluations consistently referred to his
difficulties in dealing with supervisors and co-workers in a
professional manner described as an unacceptable communication
style, emotional/defense reactions, confrontational manner, and
a tendency to accuse others of harassment.
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On numerous occasions, the steward’s
supervisor had communicated clear expectations regarding his
lack of professionalism and performance expectations.
The penalty...
A two week suspension without pay for neglect
of duty, insubordination, gross mis-conduct and willful
violation of rules and regulations. The steward appealed to the
PAB.
The decision...
The PAB recognized the steward was acting in
his official capacity, but ruled his behavior was inappropriate
and unprofessional and had violated the agency’s policy
regarding the treatment of others. Management had met its burden
of proving insubordination by continuing to yell in spite of
being told to calm down. Management had failed to meet its
burden of neglect of duty and gross misconduct. The two week
suspension was modified to one week.
This is a very unfortunate story as the shop
steward clearly did not have his co-worker’s best interests at heart
for the following reasons: (1) He did not allow management the
opportunity to explain the rational for its actions. (2) His
accusatory statements not only increased his co-workers emotional
state, but his as well. (3) He lost focus of the reason for the
meeting and opted to use it as an avenue to further his issues. (4)
Management unsuccessfully attempted to regain control by repeatedly
asking the steward to calm himself, which he ignored, resulting in
the meeting being terminated. (5) He hid behind “the equality
principle” to behave in an unprofessional manner.
Would you want this person to represent you? |
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