In an ideal working world, unions and management would exist together in a symbiotic relationship. The needs of employees would be brought forward by reasonable union representatives, and an understanding management team would respond by providing fair, reasonable compromises and solutions. All situations would be treated in a black-and-white manner, and everyone would leave happy.
Unfortunately, this is rarely the case. No workplace situation is without its gray areas, especially when discipline is involved. For an employee, disciplinary actions put them in a position where their job is in possible jeopardy. Misunderstandings, bad information, and raw emotion can muddy the waters further, making both parties leave dissatisfied.
Management takes on the dual roles of disciplinarian and being an impartial judge. Disciplinary meetings will usually be complex, but they don’t have to become overwhelming. Fortunately, there are several tactics you can deploy to better prepare yourself for when these situations arise.
Document Everything, and Become an Obsessive Record Keeper
Never underestimate the power of consistent, accurate documentation. Often the very first question asked by a union representative during a disciplinary action is “can you prove it?” Solid note-taking will save the day every time-and will prevent an enormous headache for you, as you wrack your brain to remember a snippet of conversation half-remembered from weeks ago.
Even records of casual conversations with employees can be crucial if you find yourself in a disagreement. Immediately jot down notes about who you spoke with, when it took place, and what you discussed. That casual off-hand remark your employee made to you about their timesheet being “mostly correct” can be critical if issues crop up later.
In situations where a union rep and an employee are speaking with you one-on-one, such as in a grievance or other disciplinary matter, this becomes even more important. If the union’s CBA allows it, have a fellow manager in the meeting with you to take more detailed notes. You’ll find it can be very difficult to take accurate record of a meeting if you’re splitting your attention between the employee and the notepad in front of you.
In addition, make sure to archive each and every emailed conversation you have, and keep every email your write brief and businesslike. Never use slang, jokes, or emojis. Ask yourself, “how would I feel about this email being discussed in front of an attorney at an arbitration meeting?”
Maintain a Friendly Relationship with Union Reps – But Keep Your Distance
A union representative’s first responsibility is to their fellow employees. They keep a close watch on management for hints of preferential treatment, unfair application of discipline, and work being assigned outside an employee’s job description. Approach each conversation with the knowledge that you will be under the microscope for false information or misleading wording. Like you, they’ll be recording everything and maintaining records for later use.
A clever union rep will try and mine you for information, so it’s best to keep conversations brief, polite, and professional. Avoid saying anything that might come back to haunt you later. That offhand joke you made about an employee being “late to work all the time” could look very different later when taken out of context and put in front of a disciplinary review panel.
Make a mental note of which union reps your employees tend to gravitate towards and trust with their workplace problems and concerns. These people often have a much better “big picture” of what is happening in your workplace and why certain issues are repeatedly occurring. Often, disputes can be worked out just by having a private word with these in-the-know reps.
Lean on Human Resources-and Push Your Company to Invest in Them
You are only as strong as your HR department. HR is responsible for knowing all company policies, procedures, and industry laws inside and out, and they can be an invaluable resource. If you find yourself unsure on a company rule, never assume that you know the correct answer. Don’t ever hesitate to barrage your HR department with questions.
Always communicate with your HR department before entering grievance or disciplinary procedures. Not only is it important that they are actively aware of any union-related activity, they may have more specific information that can help strengthen your arguments or solve a situation before it becomes escalated.
Insist that your company hold regular trainings for their management and HR teams. Strongly recommend that they retain an attorney who focuses on labor law. Should a grievance turn into a full-blown arbitration meeting and you find yourself under oath, you’ll be glad to have an expert on your side.
Read the Collective Bargaining Agreement-and Know it Inside and Out
Even if you don’t have time to memorize it all, become familiar with areas that commonly result in disciplinary action. Bookmark sections such as:
- Time off/vacation policies
- Absence/Tardiness procedures
- Job performance expectations
- Dress code
Nothing is worse than frantically thumbing through your copy of the CBA, trying to locate exactly how many warnings need to be issued before an employee is formally disciplined for wearing an inappropriate article of clothing. If anything, being able to quickly and accurately reference an article of the CBA will increase your credibility with your employees and their union reps.
Some say managers will be obsolete in the growing knowledge & gig economy. I disagree — but it needs to evolve. Management should be a support role with decision-making authority. Spend less time telling people what to do and more time providing coaching and support. #Leadership
— Chris (@ChrisjBergen) February 20, 2020
Final Thoughts
Discipline and performance management in unionized environments can be scary for inexperienced managers. Fortunately, theres no need to worry, your copy of the CBA, HR department and fellow managers will all help you stay out of trouble.
Keep in touch with trusted union reps in regards to CBA changes and updates. Often, changes to the CBA will slip under your radar. Having a solid relationship with a rep you trust can help prevent this from catching you off guard.
While management and unions may never see perfectly eye-to-eye, being prepared, knowing your workplace, and trusting your resources will put you one step closer to that goal.
