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Avoid accusations of sexual harassment — watch your words and actions |
Union representatives continually hear about problems relating to sexual harassment in the workplace.
This subject is more sensitive now than ever. To avoid discipline, members must be careful what they say and do.
Sometimes, consoling a co-worker with a hug can be misconstrued as sexual harassment. A joke that one person finds funny may be offensive to another. Even discussions between members of the same sex can lead to sexual harassment lawsuits.
According to the Equal Employment Opportunities Commission, sexual harassment includes any unwelcome sexual advances and other unwelcome verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting such individual;
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment, whether or not the harasser intended to create such a situation.
The third point is especially important. It goes beyond sexual harassment and can be applied to all kinds of harassment, including racial, religious, ethnic — you name it.
Since co-workers come from a wide array of religious and cultural backgrounds, it is best to avoid any comments about a person’s race, sex or religion at work.
Most people are at work more than they are at home, and they tend to get excessively comfortable in their surroundings. But an employee’s purpose at work is to do his or her job.
Many members think they will not be able to compliment someone without being accused of sexual harassment or discrimination. Compliments in and of themselves are not generally considered harassment, but use common sense.
There should be a rigid ban on “sex talk” or romance at work. Sexual comments and jokes, unwelcome “romantic” advances and other verbal or physical contact could be — and are — misinterpreted.
Members are therefore advised to be careful what they say and to show consideration for those around them. |
Schedule vacations now! |
In the early months of the new year, many people are taking the time to think about how they can make 2012 happier, healthier and more enjoyable for themselves and their families.
They can begin by preparing now for their hard-earned vacations.
Some might think they have more pressing things to do than plan for a holiday that won't happen for several months, perhaps in the sunny days of summer.
But if members want to enjoy their vacation when it best suits them, the time to start preparing for vacations is now.
Rules about vacation requests vary from contract to contract, but it's usually a good idea to submit vacation requests to employers by the end of January to help ensure that the time off that's requested is granted.
It also helps to coordinate with co-workers to arrange vacation times that are convenient for everyone involved.
The best vacation slots are granted on a seniority basis. Some workers may not get a first choice even if the request is submitted early. Alternative dates for vacation time should be prepared and flexibility should be allowed.
Your union-negotiated vacation allows you an opportunity to travel, spend time with family or to simply relax. Using this benefit wisely is important to enjoying life and maintaining focus when you are back on the job. |
Even during the holidays, don’t eat without a receipt! |
Even in a recession, the holidays are a time when people do things in excess — too much eating, too much drinking and, sometimes, too much partying. People put out all sorts of treats for their friends and tell them, “Enjoy!”
In this environment of giving and taking, it might get a little too easy to forget where you are. The store where you work, for example, isn’t your friend’s house. It’s a place of business where the management would prefer to sell its food to the public rather than give it away to you.
It’s easy to rationalize popping a couple of grapes into your mouth by saying to yourself, “It’s just a couple grapes, I’ve earned it.” But when you get caught, your employer probably wouldn’t be impressed by such thinking, let alone convinced.
People have lost their jobs over an insignificant item like a pistachio or a candy bar. From the employer’s perspective, when you eat something without paying for it, it is stealing.
Your union-negotiated contract, which specifies “grazing” as a terminal offense, supports that view.
If you open a merchandise item for personal use and then go up to the counter and pay for it immediately, you can still be fired. This happens every day and it is one of our most common grievances. It falls under the same category as stealing, according to our contract. |
| Read everything before you sign anything! |
In the usual proceedings of grievances, gripes and arbitrations, union reps will often hear words like these: "My manager told me what the document said and that I just needed to sign on the line."
Signatures are required on documents covering company policies, store programs, store procedures, write-ups and more.
It seems like something always needs to be signed these days, but do you really know what you are signing?
While it may seem like the quickest way to get back to work or to be done with work for the day, it is never advisable to put your signature on something you have not read!
Did you know your signature on these documents indicates you have read and understand your these policies? After you sign, the company expects you to follow every policy listed and will not accept an excuse of "I didn't know" or "Well, nobody told me."
The company you work for keeps those signed policies. Why? To protect itself.
A company can and will use the signed policy if you, at any time during your employment, fail to follow the policy. Management will say, "You signed it, and that means you know what our policy is."
Not following company policies can lead to a write-up and possibly even termination.
Have you ever had to sign a write-up? You need to read it first to understand why you are being written up. Don't rely on what your manager is telling you, focus on what is written down. This is what will be placed in your employment file.
You do need to sign the write-up, or else you will be considered insubordinate, which can result in suspension and termination.
Your signature does not mean that you agree with the write-up, but rather that you acknowledge you have received it. If you do not agree with what is written, contact your union representative immediately.
If you don't understand it, ask questions. Don't just let it pass under your pen.
This advice applies to all areas of your life. You sign your name to loan documents, car purchases, home purchases, credit applications, rental agreements, cell phone contracts and more.
In our technological era, you will start seeing requirements to provide your digital signature as well. A digital signature is like your physical signature, except you type your name instead of signing it.
Whatever you sign, read it, understand it and keep a copy of it.
Remember that your signature completes a document and can make it legal and binding.
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| Show up for work on Time! |
It’s unfortunate, but the lack of common sense is way too common.
The union reps of UFCW Local 99 are always hearing about suspensions and terminations for members’ problems with tardiness and absences. They are amazed by the many excuses that workers try to get their employers to accept.
For example:
“I copied my schedule down wrong.”
“My alarm clock didn’t go off.”
“ My ride didn’t show up.”
“I thought I had a 3-7 minute grace period.”
“I missed the bus.”
“My work was all done, so I left early (without checking with the person in charge).”
These are just a few of the excuses thate union reps hear on a constant basis. While some of them may be true on occasion, they cannot relieve anyone of his or her responsibility to arrive at work on time and ready to work.
One of the most common problems is the false idea that there is some sort of grace period that lets you punch in a few minutes late or leave a few minutes early. There is no such thing!
The contract states: “The employer shall post a work schedule in ink for all employees, specifying start and finish of shifts.” It does not say anything about a grace period for being late or punching out early.
Another common problem is running in to work so you won’t be late, punching in and then running into the bathroom to put on make-up, comb or brush your hair, put on a tie or change into work clothes before starting work. This practice might lead to disciplinary action, up to and including suspensions and/or termination.
It is your responsibility to copy your schedule down correctly. Some people will call their co-workers and ask them what their schedule is for the next week. This is a dangerous practice for many reasons. The co-workers may look at an old schedule. Depending on when you are calling, they may look at a schedule before management makes adjustments to it. If you do forget to copy your own schedule down, ask the store manager or person in charge to look it up for you. It is still your responsibility to verify your schedule once you get to work.
Don’t forget: It is your responsibility to get to work on time and be ready for work when you punch in, not after the fact. You must complete your shift as scheduled, unless the person in charge tells you it is OK to leave early.
Don’t fool yourself! Every minute of the day is important, and if you are guilty of violating your employer’s attendance rules, be sure to change your behavior before it gets you into trouble or even costs you your job.
If you are late, note the correct time you reported to work, even if you are late and could be disciplined for it. You can be discharged for falsifying your time to avoid a tardy.
Also, when you are questioned for failing to clock in or out for any reason, you should ask your managers to view the store’s video recordings if they are not sure about the time you arrived at the store. In most cases, employees automatically report the time they were scheduled as opposed to the actual time they reported to work. Usually, management already knows what time they entered the store or they will go back to confirm when it happened. A discrepancy with the video record could result in a charge for falsifying documents. |
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| Don’t use electronic devices at work |
With all of the electronic devices available to us like cell phones, laptops, iPods, kindles, blackberries, handheld video games, etc., you might be tempted to use them on the job.
In a word: Don’t.
Many companies have policies that prohibit using these devices on the job. Some even ban picture-taking inside work locations, even with cell phones.
If your employer does not have such a policy, it’s still a bad idea to use these devices at work, except when you are off the clock.
Think of how a customer waiting in line would feel while you are texting a friend. How do you think your colleagues would feel while listening to you engaging in a personal conversation on the phone when stocking shelves?
If your company does have a policy that prohibits the use of electronic devices, you could face disciplinary action, up to and including termination.
It doesn’t matter whether the device is on. If you are caught looking at your cell phone or iPod, etc., you still could get in trouble.
It isn’t easy to hide on the job anymore. Most work locations have security cameras that could provide conclusive evidence in any disciplinary hearing.
Another reason not to use these devices is that it could jeopardize your safety on the job.
You may have heard about train accidents in Los Angeles and Boston where the engineers were distracted because they were texting. While your use of an electronic device may not lead to something as dramatic as a train wreck, it could distract you from your duties enough to cause an accident that could injure you or one of your coworkers.
If the company determines that an accident occurred because you violated company policy, it may attempt to deny your worker’s compensation claim.
The safest way to avoid the use any of these devices on the job is to keep them in your locker, your car or at home.
It’s important that you follow company policy or the direction of a supervisor at all times. If you aren’t sure about your employer’s policy regarding electronic devices, contact your union representative.
The job you save could be your own!
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