Probationary employees enjoy the same rights that other bargaining unit members have except for those rights that are restricted by the contract. A probationary employee, for example, may have to wait a certain period before exercising transfer rights. The contract will tell you what the restrictions are.

At the top of this list, however, is the limitation of the grievance procedure. Probationary employees can be terminated or assessed lesser disciplined for alleged poor job performance or other reasons and the union is usually restricted by contract in taking up their case through the grievance procedure. In most contracts, these disciplinary grievances can't be appealed through the formal procedure including arbitration.

Employers often misinterpret that restriction to mean that probationary employees have no rights whatsoever. That is as far from the truth as you can get. Probationary employees must be paid at the contractual rate and afforded all rights and benefits that the contract and their seniority allows. If those rights are violated, the union can file a grievance and appeal through the grievance procedure to correct the injustice as if the employee had been working there for 20 years.

You probably know that a probationary employee may feel uneasy about filing a grievance. An employer may realize that and try to gut a section of the agreement by violating the rights of the new hire. But the bottom line is that contract cannot be violated. Similarly, an employer cannot violate the law in its treatment of any employee including one on probation. For example, the employer cannot discriminate on the basis of age, gender, race, or national origin. Or, the employer cannot tell the employee to work in an unsafe condition.

The key to making this relationship work is for the union to see the probationary employee as a new member. It is really the union's role to welcome this employee to the union family and give him or her the tools to pass probation so he or she will be a strong and supportive local union member.

A steward need only remember his or her first days with the employer to understand how this new member must be feeling. Studies have shown that if the steward can mentor this new employee through their probationary period, the employer will become a strong union member in return.

The union should be present at the company orientation of new employees if possible. That's a negotiable item and a number of our locals make good use of the time. The steward should explain the union's role in the workplace and answer any question the member may have. Keep your presentation short and be prepared for lots of questions like "Why do I have to join the union," and "What do my dues pay for?" This may be their first unionized job and they are clueless about a union. It is your job to explain the whys and to sign them up.

If you don't haven't negotiated orientation time then find some other time at break or lunch. Buy them a cup of coffee and have a chat. Be prepared to listen. That cup of java can be the beginning of creating a strong new member.

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