What To Do When a Member Asks For Advice

Good Advice Informs and Explains - It doesn't Direct

Let's look at the paragraph that covers drug/alcohol testing in Joe's contract:

"Consistent with the Company's Drug-Free Workplace Policy, a urine test to determine the presence of drugs and/or alcohol will be administered if reasonable suspicion exists to warrant said test. Reasonable suspicion is defined as any accident involving personal injury, any accident where property damage is judged to be in excess of Two Hundred Fifty Dollars ($250.00), or any situation where an employee, in the judgment of his or her immediate supervisor, displays erratic, unusual, or dangerous behavior. The administration of the urine test will not be used in a punitive manner, and only after careful consideration of the guidelines outlined above. Failure of the employee to submit to the drug/alcohol urine test when required to do so by his or her supervisor may result in immediate suspension and termination."

Given this contract language, how would you advise Joe?

The first thing to do is to show him the contract language and read it aloud. Then you can discuss his options and possible consequences for taking the test or refusing to do so.

Your conversation might go like this.

Steward: "Joe, for whatever reason, your behavior today has led the supervisor to believe he has reasonable cause to give you a urine test. Keep in mind that if you refuse to take the test, you may be subject to 'immediate suspension and termination.'"

Joe: "I don't want to take the test. What do I do?"

Steward: "I can't tell you what to do, but if you don't take the test, you probably will be sent home and may be fired. To my knowledge everyone who has refused to take the test has been fired, and we have never won an arbitration case on a termination for refusing to take a drug test. On the other hand, if you take the test, we can deal with whatever the outcome is. If the test is clean, you'll probably come back to work and we can deal with the accident issue. If the test is not clean, you might get fired, you might not, but either way we can deal with that issue through the grievance procedure."

Joe: "But he didn't have a good reason to require it. I am not acting erratic or unusual or dangerous."

Steward: "Maybe not, but the contract says 'in the judgment of the supervisor.' The supervisor made his judgment. We can't overrule it."

Joe: "A lot of good you are. I have paid all that dues money all these years and now you won't help me."

Steward: "I didn't say we wouldn't help you. But the union helps people by filing grievances. If you refuse to take the test, the only grievance we will be filing is your termination, because you will be in violation of the rule. If you take the test, you might still get fired, but not for refusing the test. I don't know what your personal habits are, but the union did not get in this accident, you did. We are here to help, and we will file a grievance on your behalf regardless of what you do. But I can almost guarantee you that if you refuse the test, you will be fired."

As you can see, the idea is to inform Joe of his options, help him understand the process, and let him decide. Meanwhile, you are writing down the time, dates, places, people, and relative details of the incident, just in case you have to file a grievance.

That's what Joe pays his dues for. Not so you can tell him what to do every time he gets into a jam, but so that when he does find himself in a jam — of his own making or not — your good advice and representation can help him make up his own mind what to do.