Reality In The Workplace

One of the most popular types of entertainment on television today is reality type programming. One style is the courtroom drama that places the viewer as a spectator in the courtroom. This can be very educational, showing us our rights in legal situations. However, how many of us understand our legal rights as union members?

There are many times in my years of union involvement, I have been approached about a discrepancy brought against a brother or sister that has made me very angry. My first reaction is to ask myself; “What part of a legal contract doesn’t the company understand?” when many times the member does not understand the legal rights in the workplace that their union membership brings them.

Each member should read the contract that applies to your workplace. Most of us are only concerned about the health and welfare benefits that the contract brings us, but this contract is your protection against subtle disagreements between you and your employer. It does not always have the answer that you might want, but it is your first line of defense.

Have you ever heard of the Miranda Rights? These are your constitutional rights to protect you in a criminal proceeding. We as union members have a similar set of rights known as Weingarten Rights. These rights became law after a 1975 U.S. Supreme Court ruling.

Because of Weingarten, you have the legal right to a union representative (but not a lawyer) present during a meeting with management if all of the following conditions are met:

1) The meeting is an investigatory interview where you will be expected to answer questions about possible wrongdoing or unacceptable behavior.

2) Disciplinary action may result from the meeting. The law requires only that the disciplinary action – of any severity – is one possible result of the meeting.

3) You “reasonably believe” that disciplinary action could result. If a co-worker has already been involved in a similar meeting, or if you are currently under a discipline situation, this can be interpreted as a reasonable belief.

4) You make a request to be represented. This is very important to remember. The employer is under no legal obligation to inform you of your Weingarten Rights, it is up to you, as a union worker, to know and understand these rights and when to use them.

These rights were won to protect us, as union members, but it is truly only one aspect of the important role the union serves in our daily working lives. In future columns, I will give you more information as well as ideas we can use to make our union stronger, which will benefit all of us for years to come!

Stay strong in SEIU pride and union solidarity!!!

Mark Freeman
SEIU member Methodist Hospital