Members Rights

08/26/08

BECK RIGHTS

UNION SECURITY NOTICE:

This notice is printed to make sure you understand your financial obligation to the Local Union that represents you in collective bargaining.

If your job is covered by a union security clause in your collective bargaining agreement, the law provides three different methods for you to comply with its obligations:

1. You may become a full member of the Union by paying the initiation fee and monthly dues required pursuant to the Local’s By-Laws.

2. You can pay the initiation fee and monthly dues without becoming a member.

3. You can become a “service fee payer,” that is, you can pay the percentage of the initiation fee and monthly dues that represents your prorata share of the collective bargaining expenditures of the Union.

The amount of the service fee is calculated each year by determining the percentage that the Union’s collective bargaining expenditures bears to its total expenditures, and applying that percentage to the regular initiation fee and monthly dues. You can obtain this dollar amount upon request to the Local. The current “service fee payer” rate is your monthly dues rate less 3%! Under the law, you have the right to challenge the correctness of the Local’s calculation of the service fee payment. Procedures for doing this will be explained by your Local if you decide to satisfy your union security obligation by paying a service fee.

A service fee payer is not a member of the Union and is not entitled to participate in Union affairs or enjoy the benefits and privileges of Union membership

WEINGARTEN RIGHTS

Weingarten Rights - Offer Protection To Local 386 Members

The U.S. Supreme Court has ruled that union members have the right to representation by their Stewards or Business Representative during conversations with the boss which could potentially lead to discipline or termination. If you believe the conversation is disciplinary in nature, follow these steps, sometimes referred to as the “Weingarten Rights”:

1) Demand union representation: You must ask for Union representation before or during the interview. Management does not have to tell you of this important right (see interrogation rights statement below).

2) Refuse to proceed without union representation: A questioner must be told of your desire for representation. Refusal to cooperate on your part can be viewed as insubordination. If management refuses to allow you representation, stay in the room, but remain silent.

3) Don’t make any written or verbal statement of guilt or innocence: You cannot be forced to make a statement. The most appropriate response is to make NO statement-claiming innocence is considered to be a statement.

4) Do not waive your right to representation: If you proceed in questioning without representation, you have waived your right to representation and any statements made can be used against you.

Interrogation Rights Statement

“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 Steward, Business Agent or Union Officer be present at this meeting. Without representation, I choose not to answer any questions.”

Union Stewards and representatives have these rights when summoned to the interview:

To be informed of the subject matter of the interview

To hold a private pre-interview conference with the employee

To speak up during the interview

To request clarification of questions

To advise the employee on how he/she should answer questions

To provide additional information once the interview is over

This site was last updated 03/16/06