Pursuant to Section 12 (K) of the By~Laws, the District Council Executive Committee presides over the uniform system of steward review procedures set forth herein.
Statement of Policy: A steward is the District Council's "eyes and ears” on the job site. The two principle obligations of a steward are to enforce the collective bargaining agreement and to obtain data for accurate time reports submitted to the District Council by the steward as required. The Shop Steward Code of Ethics sets forth a shop steward's duties in greater detail and all stewards must be familiar with and comply with its requirements. Problems on the job which cannot be dealt with effectively by the steward should be promptly reported to the Council Representative assigned to the job. lf the Council Representative assigned to the job is not available stewards should promptly report the matter to the Council Representative Center. A steward who does not properly perform his or her duties may be removed from the position. A steward review must then be conducted in accordance with this policy and these procedures.
1.0 Removal from the Job as Steward: A member may be 'removed from the position of steward on a particular job by the assigned Council Representative, the Regional Manager or the inspector General for good cause. "Good cause” for removing a steward includes, but is not limited to (a) failing to turn in accurate steward reports for two (2) consecutive weeks, (b) failing to be present on the job, (c) failing to report his or her absence to the Council Representative or Council Representative Center, (d) failing to report overtime to the Council Representative Center, (e) leaving workers off the stewards' report without good reason, (f) violating other written policies of the District Council, (g) violating the Shop Steward Code of Ethics, or (h)violating applicable laws and court orders.
1.1 Documentation of Removal: As soon as practical, but no later than twenty-four (24) hours after removing a steward from a job, the Council Representative, Regional Manager or Inspector General who directed the removal will document, in writing, the grounds for the removal and will forward a copy of the same to the EST, the Director of Operations, the Office of the inspector General, the Representative Center Leads, the Chief Compliance Officer, and, during his term, the Review Officer.
1.2 Effect of Being Removed As Steward: Being removed as the steward on a job does not require that the steward be fired or laid off from the job -that is an issue for the contractor, not the Council Representative or Regional Manager. Being removed as a steward does not automatically affect the steward’s right to be dispatched as a steward on subsequent jobs.
1.3 Appeal from Removal as Steward: A steward wishing to appeal any action by a Council Representative, a Regional Manager or the Inspector General may do so by contacting the EST or his designee within 48 hours of the decision.
2.0 Steward Skill Review: Upon the written complaint of a Council Representative, a Regional Manager or a representative of the Office of the Inspector General to the Executive Committee which sets forth facts alleging that a steward has failed in his or her duties or demonstrated his or her incompetence, the Executive Committee will review the matter and take appropriate action. The Executive Committee may designate a committee of District Council Representatives to administer (including scheduling, record preparation and filing and providing notices) this system of steward skill review. The presence of at least three (3) members of the Executive Committee meeting for review proceedings shall constitute a quorum. In no case shall the Executive Committee member from the same Local Union as the steward or charging Council Representative or Council Manager participate in the matter. After conducting a fair hearing pursuant to these procedures, the Executive Committee will deliberate in executive session. After deliberating, the Executive Committee may exonerate the steward, issue: a letter of reprimand, require that the steward receive specified additional training or suspend the member’s steward skill for a period of time commensurate with its findings and taking into consideration the factors set forth in Section 2.1 below. Final decisions of the Executive Committee regarding the review shall then be reported to the member, the EST and the administrative committee for the review program.
2.1 Determination of Penalty: When determining the appropriate penalty to be imposed on a steward found to have engaged in misconduct, the Committee shall consider (a) the nature and seriousness of the misconduct; (2) the steward's performance history and whether he/she has engaged in prior misconduct; and (3) penalties imposed on stewards found to have engaged in similar misconduct in other cases. The Executive Committee will ensure that a log is kept of cases describing (i) the conduct in question, (ii) a brief summary of the Executive Committee’s factual findings, and (iii) a description of the penalty imposed. The log will be made available to a steward before a decision is rendered in his or her case and will be consulted by the Executive Committee prior to imposing a penalty. The Chief Compliance Officer will periodically review the log to ensure that it is being appropriately maintained and consulted by the Executive Committee.
2.2 Procedures at the Steward Skill Review Hearing: A stenographic record of all steward review hearings conducted by the Executive Committee shall be made and maintained by the EST. All steward review hearings must be conducted according to the procedural rules set forth herein. A steward under review and the Council Representative or other charging party shall have the right to testify, submit evidence ancl also call and cross-examine witnesses. No persons other than members of the New York City District Council of Carpenters shall be permitted to conduct or participate in the hearing and proper decorum shall be maintained at all times. The President or his designee will chair the hearing and read he complaint against the steward. lf the steward admits the complaint is accurate, the Executive Committee shall inquire whether the steward has anything to say in his/her defense and proceed with its deliberations. lf the steward denies the complaint, the Executive Committee shall proceed to a hearing on the matter. lf the steward fails to appear, the hearing shall proceed as if he/she was present. If sufficient evidence is not presented to support the charges, the complaint shall be dismissed by a majority vote of the Executive Committee members attending the hearing. After the parties have had a fair opportunity to present evidence in conformance with the procedural rules herein, the Executive Committee will deliberate, make their findings and determine any penalty by majority vote in executive session. The Executive Committee will then report their findings and penalty, in writing, to the EST and the administrative committee. The steward and complaining party shall be notified in writing within three (3) business days of the decision of the Executive Committee.
2.3 Appeals of Decisions of the Executive Committee: A steward may appeal decisions of the Executive Committee by submitting such appeal, in writing, to the EST within fourteen (14) days of the date of the notice of decision from the Executive Committee. The EST shall have authority to consider and determine all appeals. Upon considering such appeal, the factual findings of the Executive Committee shall be binding. The steward‘s written submission on the issue of the appropriate penalty shall be submitted to the EST, who, upon considering the submission of the steward, may modify the recommended penalty. Any decision of the EST shall be final and binding.
2.4 Effective Date of Penalties: Penalties imposed by the Executive Committee which are reviewed by the EST shall become effective upon the later of (a) the member’s failure to file an appeal within the fourteen (14) days provided, or (b) the EST's final determination of such appeal. All decisions shall be mailed to the member.
3.0 Periodic Review of Steward Review Hearings: The EST or his designees shall periodically review hearings held under this policy to determine if, (a) the hearing procedures are being properly followed, and (b) the Executive Committee findings and penalties have been fairly, reasonably, and consistently imposed to eliminate disparity in outcomes of review proceedings.
3.1 Amendments: Any and all recommended changes to this policy and incorporated rules must be submitted to the Executive Committee and may only be implemented subject to the approval of the Council Delegate Body and during his tenure, the Review Officer.
STEWARD REVIEW HEARING ORDER OF EVENTS
1. The President, or his designee, must announce the matter and insure that all parties are familiar with the required procedures.
2. The charging party must deliver an opening statement containing the allegations of the complaint and the means of proof which will be offered.
3. The charged party may deliver an opening statement to the panel.
4. The charging party must offer evidence in support of the complaint.
5. If after the charging party has presented all its evidence, the Executive Committee members find there is sufficient evidence to support the charges by a majority vote, the charged party may offer evidence in his defense.
6. The charging party may offer evidence in rebuttal of the charged party's evidence. The charged party may then offer evidence in rebuttal of the charging party's rebuttal evidence. The President, or his designee, may in his discretion permit the parties to offer further rebuttal or surrebuttal evidence in this pattern. ln the interest of justice, the President, or his designee, may permit either party to offer evidence upon rebuttal which is not technically of a rebuttal nature but more properly a part of the charging party's original case.
7. At the conclusion of the evidence, the charged party may deliver a summation.
8. The charging party may then deliver a summation.
9. Executive Committee members must then retire to deliberate and render a verdict by majority vote.
*There shall be direct examination of all live witnesses which shall be followed by cross-examination if desired by the opposing party, followed by re-direct and re-cross examination to the extent deemed necessary by the President, or his designee. The President, or his designee, may question a witness in his discretion.
Wednesday, January 16, 2013