Page 38 - UFCW Union Steward Handbook

STEWARD’S LEGAL RIGHTS AND RESPONSIBILITIES

bargaining, while it may take many years to get a decision from a court
or agency.
Nonetheless, there are many situations where stewards can and
should use the law to argue why the company should settle workplace
problems in a worker’s favor or grant a worker’s grievance. For this
reason, stewards should be familiar with basic principles and rules of
labor and employment laws.

IMPORTANT FEDERAL LAWS
Fair Labor Standards Act (FLSA)
Sets national minimum standards on minimum wage, child labor laws,
and overtime pay.
Occupational Safety and Health Act (OSHA)
Establishes the general duty of employers to provide a safe and healthy
workplace, along with specific health and safety standards for various
jobs and industries.

Also gives workers the right to view the employer’s required OSHA
injury logs, and protects employee rights to refuse dangerous work
under certain conditions. Enforced by the federal Occupational Safety
and Health Administration or by state OSHA plans (to learn if your
state is covered by a state OSHA plan, visit www.osha.gov).
Family and Medical Leave Act (FMLA)
Guarantees covered employees up to 12 weeks of unpaid leave per year
for: 1) treatment or recovery from a serious health condition, 2) care
for a spouse, child, or parent with a serious health condition, 3) caring
for a newborn, adopted, or newly-placed foster child.
Age Discrimination in Employment Act (ADEA)
Forbids age discrimination, including mandatory retirement, against
any employee or job applicant over age 40, with some exceptions.
Americans with Disabilities Act (ADA)
Prohibits discrimination against qualified persons with disabilities and
requires employers to make “reasonable accommodations” to allow
disabled job applicants and employees to perform work for which they
are qualified.

36 UFCW UNION STEWARD HANDBOOK