YOU HAVE THE RIGHT TO UNION REPRESENTATION
Weingarten Rights

In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.During an investigatory interview, the Supreme Court ruled that 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:

  • Grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
  • Deny the request and end the interview immediately; or
  • Give the employee a clear choice between having the interview without representation, or ending the interview. You should always choose to end the interview if offered this choice.

Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits 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.

HOW TO USE

If you are called for an interview which may result in discipline:
1. Speak up clearly. “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. Until my representative arrives, I choose not to participate in this discussion.”

  1. Call the union immediately and inform them of the situation.

Your 2013-2016 Contract has been finalized, and we’re signing it on Monday, November 18. Here’s a brief look at what’s new — we’ll add detailed language for each of these provisions soon.

We have a contract!

Your bargaining team on the final night of bargaining the 2013-2016 contract. At left, Carmelo Sgarloto for the School District.

  • A 2% raise for all members starting July 1 2013
  • A 0.5% raise for all members starting January 1 2014
  • The District will increase its share of health insurance premiums
  • Four floating holidays even in years when Lunar New Year falls on a weekend.
  • 40¢ per hour longevity premium for workers with more than 15 years in the District
  • $10/day Lead Worker Pay
  • An expanded uniform program
  • Grandchildren added to “immediate family” for bereavement leave
  • Expanded language on several important issues:
  1. Workplace safety
  2. Emergency preparedness training
  3. Discrimination and harassment
  4. Professional development
  • A new payment process for employees not enrolled in direct deposit
  • The District will make its best effort to provide 45 days notice of layoffs, and commits to delivering layoff notices in a courteous and professional manner
  • Employees laid off immediately before a holiday will be paid for the holiday