Stay Informed: Know Your Rights on the Job
As union-covered employees, you have certain rights in the workplace. The following refers to specific and very important facts you should know.
♦ Union members have the right to a union representative at an investigatory hearing if they reasonably believe that the investigation could lead to disciplinary action.
♦ The member must request a representative. The employer has no obligation to inform the employee of his/her right to a representative.
♦ Management does not have to call the representative. Instead the employer can stop the meeting, or just issue the discipline.
♦ Once a union representative is called, he/she has the right to:
• Know the subject of the investigatory hearing
However, the representative cannot argue the case, as the hearing is not a grievance meeting.
♦ An employee can not choose which union representative he/she would like to represent him/her.
• The department representative will be called if available. If not, the nearest available representative will be called.
YOUR RIGHT TO FAIR TREATMENT
1. Notice: Did the Employer give the Employee forewarning or foreknowledge of the possible consequences of the Employee's disciplinary conduct?
2. Reasonable rule or order: Was the Employers rule or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the Employer's business, and (b) the performance that the Employer might properly expect of the Employee?
3. Investigation: Did the Employer, before administering the discipline to an Employee, make an effort to discover whether the Employee did in fact violate or disobey a rule or order of management?
4. Fair investigation: Was the Employer's investigation conducted fairly and objectively?
5. Proof: At the investigation, did the 'judge' obtain substantial evidence or proof that the Employee was guilty as charged?
6. Equal treatment: Has the Employer applied its rules, orders and penalties even-handedly and without discrimination to all employees?
7. Penalty: Was the degree of discipline administered by the Employer in a particular case reasonably related to (a) the seriousness of the Employee's proven offense, and (b) the record of the Employee in his service with the Employer?
Page Last Updated: May 06, 2010 (12:26:45)