The job of supervising employees in a unionized environment has its own unique set of rules and challenges. HR professionals need to provide supervisors with the knowledge and tools necessary to succeed in this special framework. This applies to both experienced supervisors transitioning from a non-union environment, and brand new supervisors. Understanding the very particular principles of the union environment will be key to success.
First, it’s important to remind supervisors of basic supervisory principles that apply equally to unionized and non-unionized work forces:
The Collective Bargaining Agreement (CBA) is at the heart of the relationship between the union and the company. This legally binding document governs how the company interacts with unionized employees. Surprisingly, many supervisors lack a basic understanding of their own CBA and instead make decisions based on what they think is “fair.” It’s your job as an HR professional to emphasize the primacy of the CBA.
Your supervisors have to thoroughly understand the CBA. The CBA should always be the first place to look regarding the expectations and duties in any situation, particularly when making work assignments or calling someone in for an extra shift.
Most CBAs allow some employees to be designated as “shop stewards,” people who are available on shift to advise and assist their fellow union members regarding the CBA. Cultivating and maintaining a good relationship with the shop stewards and other union officials will pay dividends down the road. Supervisors may disagree with shop stewards on specific issues, but it’s important that they always deal honestly and fairly with them. Having solid relationships improves the supervisor’s effectiveness.
Almost every union contract will have a provision stating that employees can only be disciplined or terminated for “just cause.” This is different from the typical “at will” employment standard in non-union employment relationships. “Just cause” means you need to show that the worker violated some work rule, standard, or expectation, and you were justified in taking action. Here are some considerations supervisors should use in evaluating whether there is “just cause”:
In a unionized setting, an employee has the right to request the presence of a union representative whenever the employee is subject to an investigatory interview, which might lead to discipline. This is commonly known as the Weingarten rule. The employee has the right to confer with the representative (typically a shop steward) before the investigatory interview. However, the representative doesn’t have the right to be disruptive or to argue on behalf of the employee. An HR person should always be present in these interviews.
Sometimes a supervisor can be reluctant to coach employees on performance, especially if the shop steward or other union members seem aggressive or challenging. This is a mistake. The company still controls the work environment and supervisors are held responsible for the results. When a supervisor abdicates this role, poor performance becomes an acceptable standard. Here are some keys points to convey to your organization’s supervisors:
Occasionally a supervisor may come across an employee who is combative and feels “bullet proof” because of the union protection. Coach supervisors to establish and maintain control in a firm, but professional, manner. Bullies thrive when people are afraid to challenge them. Furthermore, other employees may take their cue from this type of employee, which can quickly make an entire department or organization dysfunctional. The role of the HR professional here is to back up and support the supervisor.
Often this situation arises when the company has been lax about enforcing standards and rules. So, it’s important for the supervisor to make things clear and notify everyone that the rules and standards will be enforced going forward. Insist on respectful conduct from employees and require your supervisors to model that behavior.
Supervising unionized employees can seem complicated and challenging. HR has an important role in educating supervisors with a thorough understanding of the legal and practical landscape for union employees. Doing so will set the whole organization on a course for success.