Employee Rights

The following is ARTICLE 4: EMPLOYEE RIGHTS of the Collective Bargaining Agreement between NAGE R5-45 and SERO:

Section 1 – Employee Rights. Each employee has the right, freely and without fear of penalty or reprisal, to form, join and assist the Union, or to refrain from such activity. The freedom of such employees to assist the Union shall be recognized as extending to participation in the management of the Union and acting for the Union in the capacity of a Union officer or steward.

Section 2 – Employee Protections. The Employer agrees that employees in the exercise of these rights shall be protected from interference, restraint, coercion, or discrimination by any representative of the Employer.

Section 3 – Employee Right to Non-Membership. Nothing in this agreement shall require an employee to become or to remain a member of a labor organization, or to pay money to the organization except pursuant to a voluntary written authorization by a member for the payment of dues through payroll deduction.

Section 4 – Employee Rights to Representation. Under this agreement, any employee of the bargaining unit regardless of union membership, may bring matters of personal concern to the attention of appropriate officials under applicable law, rule, regulation, or established agency policy and/or choose his/her own representative in a grievance or appellate action except when the grievance is covered under the negotiated procedure contained in this agreement.

Section 5 – Union Right to Representation. The Union shall be given the opportunity to be represented at any investigatory examination of a bargaining unit employee by a representative of the Employer in connection with an investigation if:

1. The employee reasonably believes that the examination may result in disciplinary action against the employee; and
2. The employee requests representation.

Section 6 – Employee Right to Purpose of Examination. Prior to the commencement of any investigatory examination, the employee will be informed of the purpose of the examination.

Section 7 – Employee Right to Fair and Equitable Treatment. In the administration of this Agreement and working conditions, all employees will be treated in a fair and equitable manner.

Section 8 – Employee Right to Official Time. The employee has the right to confer with the Union during duty hours concerning grievances, complaints, appeals, or other appropriate matters. An employee desiring to confer with a Union representative will make the request for time to his/her immediate supervisor prior to leaving his/her work area. Such absences from the work area will be limited to reasonable amount(s) of time sufficient in duration to conduct discussion and/or actions deemed necessary.

Weingarten Rights

If you are ever called into an interview meeting with your supervisor or manager so they can investigate a situation which might result in discipline, you have specific representational rights. These rights are called Weingarten Rights and they are summarized below.

RULE 1: You must make a clear request for union representation before or during the interview. You cannot be punished for making this request.

RULE 2: After you make the request, your supervisor or manager can do one of three things:

1. Grant the request and delay questioning until your union representative arrives and has a chance to consult privately with you; or
2. Deny the request and end the interview immediately; or
3. Give you a choice of (a) having the interview without your union rep or (b) ending the interview.

RULE 3: If your manager or supervisor denies your request for union representation and continues to ask you questions, he or she is committing an unfair labor practice and you have a right to refuse to answer. Your manager or supervisor may not discipline you for such a refusal.

This statement could save your job!

"If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my steward be present at the meeting. Without representation present, I choose not to respond to any questions or statements."

1. You have the right to have a Union steward or union representative present.
2. If you want a steward there, you must ask for him or her.
3. If you do not know why your manager wants to meet with you, ask him/her if it is a meeting that could result in a discipline.
4. If your manager refuses to allow you to bring a steward, repeat your request in front of a witness. Do not refuse to attend the meeting, but do not answer any questions either. Take notes. Once the meeting is over call your steward at once.
5. You have the right to speak privately with your steward before the meeting and during the meeting.
6. Your steward has the right to play an active role in the meeting. She or he is not just witness.

These Weingarten Rights are based on a 1975 Supreme Court decision (NLRB vs. J. Weingarten). As with all rights, if we do not use them we lose them.