Understanding Article 3
Article 3 defines and limits management’s rights while establishing their responsibilities to employees and the union. While management has certain rights to direct the workforce, these rights must be exercised within the framework of our Collective Bargaining Agreement.
Management Rights Include:
- Direct and assign employees in the performance of official duties
- Hire, promote, transfer, assign, and retain employees
- Suspend, demote, discharge, or take other disciplinary action
- Maintain efficiency of operations
- Determine methods and means by which operations are conducted
- Take necessary actions in emergencies
Important Limitations
Management’s rights are not absolute. They must be exercised:
- In accordance with applicable laws
- In compliance with the Collective Bargaining Agreement
- Consistent with other contractual provisions
- Without discrimination
- Reasonably and fairly
Protected Employee Rights
Despite management’s authority, employees retain rights to:
- Fair treatment
- Due process
- Union representation
- Safe working conditions
- Proper compensation
- Grievance procedures
Common Article 3 Violations
Management may violate Article 3 by:
- Making arbitrary decisions
- Failing to follow established procedures
- Bypassing the union in workplace changes
- Exceeding reasonable authority
- Acting without just cause
- Implementing unfair practices
When to File a Grievance
Consider filing when management:
- Exceeds their authority
- Violates the contract while exercising their rights
- Makes decisions without proper justification
- Fails to consider impact on employees
- Acts in a discriminatory manner
Your Protection
If you believe management has exceeded their authority:
- Document the situation
- Contact your Shop Steward
- Preserve any relevant evidence
- Know your right to union representation
Remember: Management rights must be exercised fairly and within contractual limits. Your union is here to ensure these limits are respected.
