Company rules – 9 things to consider

OFTEN MEMBERS RUN into problems when they are accused of violating a company rule. Companies have broad powers to establish rules, as long as they don’t conflict with the law or with the collective bargaining agreement. But nothing is automatic, and often the union can challenge a discipline stemming from a rule violation — or even the rule itself.

When a member comes to you with a rule-violation problem, here are some things to consider:

Is the rule applied evenly? If the no-smoking ban is enforced on day shift, but not on night shift, the company has a problem. If Sam gets a three-day suspension for playing tag with a forklift, while Joe is fired for the same incident, you might be able to get Joe his job back if his work record is virtually identical to Sam’s.

Are there extenuating circumstances? Sometimes the age, past record, years of service, family problems, or other conditions make a good argument to reduce the punishment for a person who, admittedly, did break the rule.

Were workers notified when the rule was established or changed? Arbitrators generally agree that it is unreasonable to expect workers to adhere to a rule they don’t know about. Did the company make an effort to let workers know of it? Did they notify workers of the penalties for violating it? Can the company produce a document showing that workers were notified?

Is the rule understandable? The rule should be clear and specific, not awkwardly worded or vague. “Excessive absences” means different things to different people. “Three days of absence within any continuous 12-month period without prior approval of the human resources office” is pretty clear.

Does the rule cause undue hardship for some workers? Allowing only a 20-minute lunch break could penalize workers who are a long walk from the lunchroom.

Did management consult with the union before imposing or changing the rule? Although some rules are not subject to mandatory bargaining, the union should always be notified and/or consulted before a new rule is set in place.

Did management follow due process? Most contracts call for some sort of process — usually verbal warnings followed by written warnings, suspension, and finally discharge. Even without that language in the contract, employers are often held responsible for counseling wayward employees or offering retraining if performance is an issue.

Can management prove the worker actually broke the rule? Hearsay evidence (Joe says he heard...) and circumstantial evidence are weak arguments for imposing discipline.

Does the rule serve a practical purpose? If a violation of the rule doesn’t harm the company or any of its employees, why have the rule?

As with all grievances, stewards will need to do plenty of investigating before tackling a grievance involving an alleged violation of a company rule. You may need to request some company documents, such as the following:

• The company’s written rule
• The company’s evidence the member was notified of the rule
• Attendance records (for violations of attendance rules)
• Records of previous disciplinary actions based on violation of this rule

Wherever your investigation takes you, the more information you have — on the alleged action, the rule itself, the grievant, and how the company has acted in the past — the more likely you are to resolve the grievance to the satisfaction of your member.

The Steward Sourcebook is back. This column will be a regular feature in future issues of the Boilermaker Reporter. If you have suggestions for topics or would like to contribute an article for this column, please contact the Reporter editorial office or email Donald Caswell at dcaswell@boilermakers.org. The editors also welcome nominations for Star Steward.