Members who wish to offer an MPEC constitutional amendment to be considered by the MPEC Executive Board and/or at the MPEC annual meeting must send the amendment no later than March 28, 2014 to:While every grievance begins as a complaint, all complaints do not become grievances. In order to know what complaints can be processed as grievances, you will need to refer to the definition of a grievance in the collective bargaining agreement between the Hudson County Community College Chapter of the United Adjunct Faculty of New Jersey, Local 2222, and Hudson County College. As you will see in “Article VII” of the contract, a grievance can arise from a dispute concerning the application, meaning or interpretation of an express provision of the contract.
The purpose of the grievance procedure is to provide for the speedy, orderly and equitable resolution of disputes.
Inherent in the grievance procedure is the remedy sought which must be identified in order to make the grievant whole. In selecting an appropriate remedy, it is important to keep in mind that the purpose of the remedy is restoration not retribution. The remedy should be consistent with the collective bargaining agreement in order to protect the integrity of the contract.
If you feel that the conditions for a grievance have been met, please do the following:
Remember that there is a big difference between a gripe and a grievance. A grievance is a formal challenge to the employer that the contract has been violated.
Fortunately, most problems can be settled informally without filing paperwork. But it is imperative that you contact the local leadership as soon as possible when you feel you have a grievance. There are strict timelines for the filing process, and they start the minute the violation takes place.
One of the most vital functions of a Union is to prevent management from intimidating employees. Nowhere is this more important than in closed-door meetings when supervisors attempt to coerce employees into a confession of wrongdoing.
The right of employees to have the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc. Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as the Weingarten rights.
Unions should encourage workers to assert their Weingarten rights. The presence of a union representative can help in many ways. For example:
v They can help a fearful or inarticulate employee explain what happened.
v They can raise extenuating factors.
v They can advise an employee against blindly denying everything, thereby giving the appearance of dishonesty and guilt.
v They can help prevent an employee from making fatal admissions.
v They can stop an employee from losing his or her temper, and perhaps getting fired for insubordination.
v They can serve as a witness to prevent supervisors from giving a false account of the conversation.
WHAT IS AN INVESTIGATORY INTERVIEW?
Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information that could be used as a basis for discipline or asks an employee to defend his or her conduct. If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has a right to request union representation. Investigatory interviews usually relate to subjects such as:
v absenteeism
v accidents
v damage to company property
v drinking
v drugs
v falsification of records
v fighting
v insubordination
v lateness
v poor attitude
v sabotage
v theft
v violation of safety rules
v work performance
“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, officer, or steward be present at the meeting. Without representation, I choose not to answer any questions.”
would be enough to enforce their federally protected rights.
Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, the following rules apply:
RULE 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
RULE 2: After the employee makes the request, the employer must choose from among three options. The employer must either:
1. having the interview without representation; or
2. ending the interview.
RULE 3: If the employer denies a request for union representation, and continues to ask questions, they have committed an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
SUPPORTING TEACHERS, SUPPORTING STUDENTS,
SUPPORTING YOU.
Consider the Value of Joining.
"But as for you, brethren, do not grow weary in doing good."
2 Thessalonians 3:13, NKJ
As mentioned in the recent "President's Pen", the Long Island Presidents Council provides information on how to contact legislators on the elimination of the GEA.
Please visit http://educationis.org/ for more information.
A series of bills before the Senate Education, Health and Environmental Affairs Committee could, if passed, delay the use of the new student achievement test, the Partnership for Assessment of Readiness for College and Careers.
For some time now this site hasn't been easily accessible. Thanks to changes by NYSUT we are finally able to connect with our unit.You will be able to keep updated on upcoming events and issues here. I will continue to work to make it a working site that is an effective toold for members.
It's almost spring, when a young person's fancy turns towards dreams of scholarships. Here are a few union scholarships available to member families from AFT national, AFT-Wisconsin and the South Central Federation of Labor (SCFL) . Click Here.
