CWA DISTRICT 7 CONFERENCEVANCOUVER WA. MAY 2011

SAFETY

CWA TRIANGLE

LOCAL UNION SAFETY COMMITTEES

WHY

WHERE

WHO

WHEN

HOW

WHY

•COMPANY DOWNSIZING

•UNDERSTAFFING

•MANDATORY OVERTIME

•PRODUCTION

•CROSS TRAINING

•MULTI-TASKING

WHERE

• IN THE LOCAL

• IN THE CITY

• IN THE STATE

• IN THE DISTRICT

• IN THE WORK PLACE

WHO

LOCAL OFFICER

LOCAL STEWARD

LOCAL MEMBER

WHEN

START TODAY WITH THE INFORMATION FROM

TODAY’S PRESENTATION

HOW

• TAKE THE INFORMATION BACK TO YOUR MEMBERS AND THE LOCAL

• PARTICIPATE IN THE DISCUSSION

• SEND YOUR SAFETY COMMITTEE MEMBERS TO THE TRAINING PRESENTED

ACCIDENT

REPRESENTATION

WHEN DOES REPRENSATION START

INVESTIGATION

INVESTIGATION STARTS RIGHT AFTER THE ACCIDENT WHEN THE

EMPLOYEE REPORTS THE ACCIDENT

THIS IS WHEN REPRESENTATION BEGINS

WEINGARTEN

WHEN THE EMPLOYEE REPORTS THE ACCIDENT THE COMPANY WILL ASK THE

EMPLOYEE QUESTIONS TO WHAT HAPPENED

THE INVESTIGATION HAS BEEN STARTED BY THE

COMPANY

INVESTIGATORYMEETINGS

UNION STEWARD’S RIGHTS AND

RESPONSIBILITIES

WHAT IS AN INVESTIGATORY INTERVIEW?

An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as the basis for discipline or when the employee is asked to defend his or her conduct The rights of employees to have a union steward present during investigatory interviews was decided by the U.S. Supreme Court in 1975 in the NLRB vs. J. Weingarten, Inc.

Employee Rights and Obligations

Under this decision, when an employee has a reasonable belief that discipline

or other adverse consequences could result from what he or she says, the following rules apply:

Rule 1.

The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for this request.

Rule 2.

After the employee makes the request, the employer must either:

Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee.

or, Deny the request and end the interview immediately

.

Give the employee a choice of either (1) having the interview without representation or (2) ending the interview.

Rule 3. If the employer denies the request for union representation and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer.

THREE DUTIES FOR THE STEWARD

•MEET WITH MANAGER

•MEET WITH MEMBER

•REPRESENTS MEMBER IN MEETING

MEET WITH MANAGER

•ESTIGATING•WHO•WHEN•WHERE

THE COMPANY ONLY HAS THE OBLIGATION TO TELL YOU WHAT THE INVESTIGATION IS ABOUT BUT TRY TO GET ALL THE INFORMATION THAT YOU CAN.

1. WHAT IS BEING INVESTIGATED. (USUALLY THE MEMBER HAS SOME IDEA OF WHAT THE INVESTIGATION IS ABOUT)

2. TELL YOU EVERYTHING. (If you do not know the truth you will not be able to help them.)

3. THEY WILL BE ASKING QUESTIONS AND THEY ALREADY KNOW THE ANWERS TO THE QUESTIONS

MEET WITH AND TELL THE MEMBER

TELL THE MEMBER

1. DO NOT LIE, TELL THE TRUTH

2. LISTEN TO THE QUESTIONS AND THINK ABOUT THE QUESTIONS BEFORE ANSWERING

3. ANSWER THE QUESTION AND JUST THE QUESTION.

4. IF YOU DO NOT REMEMBER YOU DO NOT REMEMBER

STEWARDS DUTY

1. THE STEWARD CAN DISCUSS THE QUESTION WITH THE PERSON BEING INTERVIEWED AND CAN HELP THEM ANSWER.

2. WHEN THE INVESTIGATOR ASKS A COMPLICATED QUESTION OR A TRICK QUESTION THE STEWARD SHOULD ASK FOR CLARIFICATION OF THE QUESTION

3. WHEN THE INVESTIGATOR ASKS THE SAME QUESTION THAT HAS BEEN ANSWERED BE SURE TO DISCUSS WITH MEMBER (ASKED AND ANSWERED)

END OF MEETING

STEWARD MAY ADD INFORMATION FOR CLARIFICATION

STEWARD SHOULD TAKE NOTES OF MEETING

IF MEMBER IS SUSPENDED ASK WHY, HOW LONG

COMPANY INVESTIGATION RESULTS

BLAME THE EMPLOYEE

UNION INVESTIGATION

TRAIN THE SAFETY COMMITTEE TO DO INVESTIGATIONS BY SENDING SAFETY MEMBERS

TO

THE TONY MAZZOCCHI

INCIDENT INVESTIGATION TRAINING

UNION INVESTIGATION ERGONOMICS

ERGONOMICS TRAINING PROVIDED BY CWA

• COMPUTER WORKPLACE ERGONOMICS AWARENESS TRAINING PROGRAM

•AIRLINES RESERVATIONS CENTERS WORKPLACE ERGONOMICS AWARENESS TRAINING PROGRAM

OSHA

OCCUPATIONAL SAFETY AND HEALTH

ADMINISTRATION

HISTORY

OSHA STANDS FOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, AN AGENCY OF THE U.S. DEPARTMENT OF LABOR

OSHA’S RESPONSIBILITY IS WORKER SAFETY AND HEALTH PROTECTION

ON DECEMBER 29, 1970, PRESIDENT NIXON SIGNED THE OSH ACT

THE ACT CREATED OSHA, THE AGENCY THAT CAME INTO BEING ON APRIL 28, 1971

OSHA

DEVELOP JOB SAFETY AND HEALTH STANDARDS AND ENFORCES THEM THROUGH WORKSITE INSPECTIONS

MAINTAINS A REPORTING AND RECORDKEEPING SYSTEM TO TRACK JOB RELATED INJURIES AND ILLNESSES

PROVIDE TRAINING PROGRAMS TO INCREASE KNOWLEDGE ABOUT OCCUPATIONAL SAFETY AND HEALTH

WHAT ARE YOUR RIGHTS

• SAFE AND HEALTHFUL WORKPLACE

• KNOW ABOUT HAZARDOUS CHEMICALS

• INFORMATION ABOUT INJURIES AND ILLNESSES IN YHOUR WORKPLACE

• COMPLAIN OR REQUEST HAZARD CORRECTION FROM EMPLOYER

• TRAINING

• HAZARD EXPOSURE AND MEDICAL RECORDS

• FILE A COMPLAINT WITH OSHA

CONTINUED

•PARTICIPATE IN AN OSHA INSPECTION

•BE FREE FROM RETALIATION FOR EXERCISING SAFETY AND HEALTH RIGHTS

SECTION 5(a)(1)

“EACH EMPLOYER SHALL FURNISH TO EACH OF HIS EMPLOYEES EMPLOYMENT AND A PLACE OF EMPLOYMNT WHICH ARE FREE FROM RECOGNIZED HAZARDS THAT ARE CAUSING OR ARE LIKELY TO CAUSE DEATH OR SERIOUS PHYSICAL HARM TO HIS EMPLOYEES.”

RESPONSIBILITY

EMPLOYER’S ARE RESPOSIBLE TO PROVIDE A SAFE AND HEALTHY WORKPLACE

THE UNION’S DUTY IS TO ENSURE THE COMPANY IS PROVIDING A SAFE AND HEALTHY WORKPLACE