failure to represent?

[Chief Steward]

What is the name of your state? Iowa

I am the chief shop steward as well as department supervisor over a person who was terminated for violating a shop rule. This was his second violation of the same rule in the same day. As the shop chief steward I prevented a possible grievance by reporting the first violation to the foreman. My reason for doing this is because the employee was also trying to involve a coworker in his violation by getting his help.The foreman handled it without dicipline. The second violation occurred when the person stayed on to the next shift and did the same thing that was stopped earlier. He was caught by that shift's foreman. He was also not supposed to be in the shop after his shift.

The following day I was approached by the plant super and informed this person was getting walked out. I asked if it was about what had happened the day before and he said it was. He then asked if I was aware of the situation and I told him the details of what had happened on my shift assuming this is what he was referring to and told him it was taken care of. I then found out he was referring to the second violation which up until this point I had no idea it had happened. He then told me he was going to give him three days off until I told him what had happened on my shift and that it was now going to an indefinate suspension.

Within minutes of the employee being walked out, I was the target of many who assumed I purposely blew the whistle on this guy. I'm now the victim of verbal abuse and character assassination. This has caused me to resign my position on the shop committee and I'm considering leaving my job due to the stress and hostile atmosphere.

I have two questions. Does the suspended employee have legal recourse against me? and Do I have any legal recourse against the union or the company if I'm forced to leave my job due to harrassment and the hostile work environment?

 

[JETX]

Does the suspended employee have legal recourse against me?

As long as you were doing as required by your union rules, unlikely.

Do I have any legal recourse against the union or the company if I'm forced to leave my job due to harrassment and the hostile work environment?

Again, unlikely. Your leaving is entirely of your own volition.

 

[mlane58]

Do I have any legal recourse against the union or the company if I'm forced to leave my job due to harrassment and the hostile work environment?

Based on your post, there is nothing remotely close to the legal definition of harassment or hotile work enviroment taking place.

Harassment: The harassment that you are being subjected to has to fall under Title VII and is directly related to your gender, race, age, national origin, religion, etc....

Hostile Work Enviroment: To meet that definition, the employee must be able to show that s/he is being subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin, age etc.). It has nothing to do with the atmosphere of your workplace, no matter how unpleasant it may be.

Again based on your post nothing illegal has transpired. You should have spoken to your union rep and possibly filed a grevience.

 

[TCB4U2B2B]

Hello: Chief Steward

He then asked if I was aware of the situation and I told him the details of what had happened on my shift assuming this is what he was referring to and told him it was taken care of. I then found out he was referring to the second violation which up until this point I had no idea it had happened. He then told me he was going to give him three days off until I told him what had happened on my shift and that it was now going to an indefinite suspension.

I usually do not use quotes, as done above. However, unless I am reading the question worng, the circumstances, IMO, warrant such. Your questions do not apply correctly to the situation, IMO. Nothing to due with failure to represent. The failure, IMO, was to inform management of what they did not know. Let them find out themselves.

I.E. keep ones mouth shut (yours) and only keep your ears opened. Listen and not speak. Plain English, you let the cat out of the bag. Nothing to do with a failure to represent. Incorrectly representing is more like it, IMO.

Peer Harassments? You have got to be kidding. That comes with the job as a Stewart. Hostile workplace? Not even close based upon the circumstances described and your part in them. IMO, I would not have informed management. I would have warned both peer parties of their involvements in whatever the actions where and the consequences for them.

I have to agree with the other members whom have already posted their replies.
You have no legal case.

TCB4U2B2B
Online Pro Active Union Business Management Services.

"When Bewilderment, Doubts and/or Fears Descend Upon You, Consider Your Options And Allow Common Sense To Prevail."

Suggestion: "Don't Make Waves"

 

[aking098]

I have a question for you, How Can you represent Your Employer as a supervisor and the employees as Union Represenative? I was just wondering how you could represent both at the same time.