GETTYSBURG LEADER A UNION REPRESENTATION AND WEINGARTEN RIGHTS

GETTYSBURG LEADER A UNION REPRESENTATION AND WEINGARTEN RIGHTS 1

WHAT DID THE U. S SUPREME COURT SAY? A UNION REP HAS THE RIGHT TO ASSIST AND COUNSEL MEMBERS DURING THE INTERVIEW. 2

THE ROLE OF THE UNION REPRESENTATIVE 3

Communicator Organizer THE ROLE OF UNION REP Contract Enforcer Problem Solver Advocate 4

ROLE OF UNION REP COMMUNICATOR • Spokesperson for the Union in your building • 2 way between Building and Officers • Data gatherer – Listens well – Takes notes 5

ROLE OF UNION REP COMMUNICATOR • Use Bulletin Boards – Assoc. newsletter – Minutes of Assoc. mtgs. – Status of grievances – PSEA/NEA information 6

ROLE OF UNION REP COMMUNICATOR • Conduct Bldg. Mtgs. – 10 minute mtg. – Have a purpose – Stick to the agenda – Start/end mtg. on time 7

Promote & maintain membership ROLE OF UNION REP ORGANIZER Encourage/Identif y members to take active role in Assoc. 8

Contract expert ROLE OF UNION REP CONTRACT ENFORCER Educate members about their rights & responsibilities Attend investigatory mtgs. with member Alert president if rights are violated 9

Identify ROLE OF UNION REP PROBLEM SOLVER Identify problems at early stages Collect data relative to problem Sugges t Suggest possible solutions • Consult President/ Uni. Serv Rep/ Grievance Chair 10

Receive the Problem Evaluate the Problem ROLE OF UNION REP ABC’S OF PROBLEM SOLVING Act on the Problem Communicate Action taken Communicate Results Keep info in a file 11

Defend rights of B. U. M. Defend rights of Association members ROLE OF UNION REP ADVOCATE Insure B. U. M. ’s due process rights are not violated Defend – don’t judge rights Represent B. U. M. at accusatory/grievance mtgs. 12

ROLE OF UNION REPS ACCORDING TO THE COURTS • Assist the employee by providing “mutual aid & protection” • Safeguard • The employee’s interest • The interests of the entire bargaining unit 13

WHAT DOES MANAGEMENT THINK THE UNION REP’S ROLE IS? To observe! 14

LEGAL OBLIGATION OF ASSOCIATION Provide members copies/information on grievance procedure Process grievances Be present at all grievance/accusatory meetings Adhere to timelines Duty of fair representation 15

Member Discrimination Unfair Treatment Arbitrary Treatment DUTY TO FAIR REPRESENTATION Unfair Settlements Improper Withdrawal of Grievances Limited, Improper and/or No Documentation 16

CARDINAL RULES • Defend don’t judge • Work then grieve • Never miss time limits • Save everything • Defend rights of members 17

RESOURCES UNION REP SHOULD HAVE • Collective Bargaining Agreement • Constitution & Bylaws • District & Building Policy Manuals 18

TAKING NOTES WHY BOTHER? You won’t remember everything Notes can be used by others (President, Uni. Serv) Compare conflicting accounts Demonstrates take rep role seriously/care Forces you to organize your interview 19

NOTE-TAKING TIPS • Get direct quotes where possible • When in doubt – write it down • Recommended to talk to Uni. Serv before sharing notes with members. (Inform them ahead of time). 20

WHEN TO CALL IN REINFORCEMENTS • Criminal Issue – You have NO legal privilege as a Union Rep • Any form of Child Abuse (? ) – You may become a mandated reporter • Sex, Drugs and Rock n Roll • Could result in severe discipline • You feel over your head 21

WEINGARTEN RIGHTS 22

WHAT ARE MY WEINGARTEN RIGHTS? • Similar to your Miranda Rights • Your rights to representation in disciplinary meetings • Guaranteed in U. S. Supreme Court case 23

The meeting must be an investigatory interview. THE SUPREME COURT ESTABLISHED THE FOLLOWING CONDITIONS: The employee must believe that disciplinary action could result from the meeting. The employee must request union representation 24

THE FOLLOWING HAVE BEEN ESTABLISHED THROUGH CASE LAW: MANAGEMENT MUST INFORM THE EMPLOYEE AND THE UNION REP OF THE SUBJECT MATTER OF THE INTERVIEW. THE EMPLOYEE AND THE UNION REP MUST BE GIVEN TIME FOR PRIVATE CONFERENCE, IF REQUESTED. THE UNION REP MUST BE PERMITTED TO SPEAK DURING THE INTERVIEW AND ADVISE THE EMPLOYEE ON HOW AND WHETHER TO ANSWER QUESTIONS. 25

WEINGARTEN RIGHTS (MEMBER’S RIGHTS) Investigatory Interview EMPLOYEE reasonably believes discipline may result Disciplinary action may result Request representatio n • Before/During mtg. 26

WEINGARTEN RIGHTS (REPS RIGHT/ROLE) Right to participate • Seek clarification of unclear/ambiguous questions • Object to improper questioning • Supplement answers that may help with the employee’s defense Know the nature of the investigation before the mtg. Pre-interview consultation with employee Take notes 27

IT IS THE EMPLOYEE’S RESPONSIBILITY TO KNOW AND REQUEST UNION REPRESENTATION! 28

Management is not required to inform. If you ask and management continues questioning without providing a rep, it is an Unfair Labor Practice. If management pressures you by saying things like “you’re only making it worse for yourself”, they’re violating the law. 29

SO WHAT DO I SAY? • “If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present at this meeting. Without representation, I choose not to answer any questions. ” 30

WHAT IF MY REQUEST FOR REPRESENTATION IS REFUSED? • You have the right to refuse to answer. Do say “I will be glad to answer your questions when I am properly represented” for each question asked. • Don’t leave the room if ordered to stay and do not refuse to attend the meeting – possible insubordination • Take good notes. • Talk to your local immediately about filing an Unfair Labor Practice (ULP) charge with the Pennsylvania Labor Relations Board. 31

MANAGEMENT REALLY HAS THREE OPTIONS WHEN AN EMPLOYEE MAKES A REQUEST FOR A UNION REP TO BE PRESENT: • Call off the interview. • Stop questioning until the union rep is present. • Ask the employee to waive his/her rights to a union rep. Do not EVER agree to waive your right to union representation!!! 32

To help the employee explain what happened SO… WHAT IS THE ROLE OF THE UNION REP IN THESE MEETINGS? To raise extenuating factors To advise the employee To keep the employee from making fatal admissions To serve as a witness To keep management from intimidating the employee 33

You are not entitled to a union rep every time a supervisor wants to speak with you. You cannot refuse to meet with a supervisor when directed/ordered to do so. WHAT ARE THE LIMITS? 34

Things to Remember… üYou must request the union rep. üDo not consent to a search of person or personal property. üDo not waive any rights, including the right to remain silent. üDo not sign any admissions or “deals”. 35

Even More Things to Remember… • In criminal matters, do not admit any wrongdoing without first speaking to an attorney. • Union reps do not have lawyer/client privilege, so do not tell the union rep anything that he/she might have to testify about. 36