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"When I rise it will be with the ranks and not from the ranks"
| Remark to John Hamilton, at the signing of the Declaration of Independence |
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Correction Officer James Reynolds |
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Correction Officer Bill Wheeler |
Responsible to represent all OCSEA members and fair-share employees who work during the hours of 6:00am - 2:00pm.
IT'S THE LAW
There are several federal laws which have a direct impact on the work of the union steward. Here is an overview of four of the most important.
The Americans with Disabilities Act (ADA)
Passed into law in 1990, the ADA prohibits employment discrimination against a qualified individual who, with or without a reasonable accommodation, can perform the essential functions of a job he or she holds or wants. An employer does not have to provide accommodation if doing so would impose an undue hardship on the employer's operation.
Reasonable accommodation means making modifications or adjustments to a job application process or work environment that makes it readily accessible and usable to people with disabilities. Examples would be modifying schedules, buying new equipment, altering a work site, etc.
Undue hardship means a significant difficulty or expense that would be unduly disruptive to the employer. Considerations include the nature and cost of the accommodation, the size and financial resources of the employer, etc.
A person with a disability is anyone who:
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Has a physical or mental impairment that substantially limits at least one major life activity (e.g., walking, seeing, hearing, performing manual tasks, etc.); |
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Has a history or has recovered from such an impairment (such as cancer); and/or |
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Is perceived as having an impairment (such as the mistaken belief that a person is HIV positive or has AIDS). |
Users of illegal drugs are not protected. However, individuals who are enrolled or who have completed drug or alcohol rehabilitation programs are protected.
In addition, when AFSCME schedules any type of event it becomes a public accommodation. Therefore, the ADA requires that all AFSCME services, programs, and activities are accessible to members with disabilities.
What stewards can do:
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Protect the rights of AFSCME members who have disabilities; |
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Provide representation when seeking a reasonable accommodation from management; |
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Educate bargaining unit members and management about the rights of workers with disabilities; |
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Assist members if they wish to file a discrimination complaint with the Equal Opportunities Employment Commission (EEOC) or similar state agency; and |
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Make sure AFSCME events and meetings are accessible to members with disabilities. |
For more information: Contact AFSCME’s Department of Research and Collective Bargaining Services at (202) 429-1215.
The Family and Medical Leave Act (FMLA)
Enacted in 1993, the FMLA sets a minimum standard for providing job-protected leave for those employees who need time off to care for their families or themselves. (Note: State laws or negotiated contracts may provide additional or superior benefits.)
The FMLA provides eligible employees with up to 12 weeks of unpaid leave per year for any of the following:
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Caring for a newborn, adopted, or foster child; |
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Caring for a spouse, parent, or child with a serious health condition; or |
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The employee's own serious health condition. |
Eligible employees are those who: 1) have worked for the employer for 12 months (not necessarily consecutive); 2) have worked at least 1,250 hours (an average of 25 hours per week) for the past 12 months; and 3) whose employer has at least 50 employees in a 75-mile radius (each state, county, city and school district is considered an employer under FMLA guidelines).
The FMLA also:
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Requires the employer to maintain health benefits during FMLA leave; |
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Guarantees employees can return to the same or equivalent position following FMLA leave; |
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Allows employers to require employees to use vacation or sick leave for all or part of the 12-week FMLA entitlement; |
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Gives employees the right to use accrued vacation and sick leave during FMLA leave; and |
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Is enforced by the Department of Labor, Wage and Hour Division. |
What stewards can do:
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Educate bargaining unit members about their rights under FMLA; |
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Discuss the issue at labor/management meetings to ensure that management knows its obligations under FMLA; |
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Represent members — in the formal grievance procedure or in informal efforts to gain FMLA leave they are entitled to; and |
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Assist members in filing complaints with the Wage and Hour Division of the Department of Labor if they are denied a valid leave request. |
For more information: contact AFSCME’s Women’s Rights Department at (202) 429-5090 or the Department of Research and Collective Bargaining Services at (202) 429-1215; or access the Department of Labor’s web page on the Internet at http://www.dol.gov/. This site has links to Wage and Hour Division offices and phone numbers around the country, and to more information on the FMLA.
The Occupational Safety and Health Administration (OSHA)
In 1971, OSHA was created by the passage of the Occupational Safety and Health Act. OSHA provides workplace health and safety protections to private sector workers. At present, AFSCME members in 23 states are covered by federally approved OSHA laws. Several states without OSHA coverage have state safety and health laws. In other instances, AFSCME has negotiated contract language requiring employers to comply with federal OSHA standards.
While protections may vary from state to state, federal OSHA regulations and state programs have several common elements in the coverage they provide:
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Standards for protection against safety hazards, noise, chemicals and radiation; |
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Enforcement of those standards by state health and safety inspectors; |
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Employee’s right to request an inspection if they think health or safety hazards are present at the workplace; |
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The right to have a union representative accompany the inspector and be informed of the results of an inspection; |
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Protection against discrimination for exercising these rights under OSHA; and |
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Access to information for unions and individual workers on injuries, chemicals in the workplace, and medical exam reports. |
Health hazards include: Chemical (toxic substances); biological (bacteria, viruses, etc.); physical (noise, heat, cold, radiation, etc.); and psychological (stress).
Safety hazards include: Fires, explosions and emergencies; violent attacks by residents, patients or inmates; confined spaces where toxic gases or oxygen deficiencies build up; and faulty machinery or equipment.
What stewards can do:
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When a health or safety hazard is discovered or reported, immediately inform management and request that the problem be corrected; |
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Report any health or safety issues to the local’s health and safety committee; |
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Educate workers about health or safety hazards; and |
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File any appropriate grievances or complaints to correct health and safety problems and hold management accountable to its commitments. |
For more information: contact AFSCME’s Department of Research and Collective Bargaining Services at (202) 429-1215 or access the health and safety section of AFSCME’s web page on the Internet
( http://www.afscme.org/health/index.html ) which has a wide variety of publications and fact sheets which can be downloaded and printed.
Court Rulings on Sexual Harassment
The U.S. Supreme Court has ruled that sexual harassment is illegal sex discrimination covered by Title VII of the Civil Rights Act. Sexual harassment subjects an employee to adverse working conditions which have nothing to do with job performance. Management is legally responsible for the actions of its employees if it knew or should have known of the problem and did nothing to stop it. The victim, as well as the harassed, may be a man or woman; the victim and harassed do not have to be of the opposite sex.
Sexual harassment is any unwelcome sexual advance, request for sexual favors or other conduct of a sexual nature when:
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Submission to the conduct is either an explicit or implicit term of employment; |
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Submission to or rejection of the conduct becomes the basis for employment decisions; or |
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The conduct interferes with an employee’s work performance or creates a work environment that is intimidating, hostile or offensive. |
What the steward can do:
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Educate coworkers about sexual harassment; |
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Take necessary actions to ensure that sexual harassment will not be tolerated; |
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Discuss the issue at labor/management meetings; |
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When sexual harassment does occur, act to protect members by offering support, and investigating and processing appropriate grievances; and |
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Assist members if they wish to file a complaint with the Equal Employment Opportunities Commission (EEOC). |
| For more information: contact AFSCME’s Women’s Rights Department at (202) 429-5090. |
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