Due Process F B

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An introduction of Due Process in our workplace.

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Due Process F B

  1. 1. Due Process Bob Kraves former IAM educator sevark@aol.com
  2. 2. Due ProcessIn IAM collective bargainingagreements, due process is included forthe purpose of providing IAM workers afair hearing when being evaluated ordisciplined for alleged shortcomings.
  3. 3. Due ProcessTo ensure that therights of theemployees, thecompany and theUnion areprotected underthe Agreement.
  4. 4. Due Process An investigation or discussion with an IAM represented employee, which may result in disciplinary action, requires Union representation (i.e. Union Steward).
  5. 5. Due ProcessAn IAM representedemployee who isasked to write astatement, which mayresult in their beingdisciplined, requiresUnion representation.
  6. 6. Due Process The company should promptly share with the Union all documents they intend to use in support of their case (i.e. written statement, transaction logs, etc.)
  7. 7. Due ProcessIf an employee is charged with a ruleviolation – the charge should be clear andspecific. A critical element of due processis the right of the employee to defend himor herself and present evidence in his/herown defense. In order to do thiseffectively, the employee must knowspecific details about the alleged offense.A clear and specific charge is necessary todo this.
  8. 8. Due ProcessOn the rareoccasion aninvestigation needsto bereconvened, thecompany shouldreconvene with thesame UnionSteward that waspresent at theinitial investigation.
  9. 9. Due ProcessIf an investigation needs to be conductedand there is no Union Steward availablewithin the employees department, thecompany should make every effort toobtain a Union Steward from anotherdepartment within the same Agreementprior to utilizing a Union Steward fromanother Agreement.
  10. 10. Due ProcessThe Union Stewards role inan investigation is torepresent theemployee, gatherinformation, take thoroughnotes, and ask clarifyingquestions. Ifrequested, the companyshould allow the UnionSteward a few momentsalone with the employee.

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