FEA

BEING AN ADVOCATE

Helping Members in Trouble

FEA

ADVOCATE

One who pleads the cause of another

A counsel, counselor One who defends,

espouses by argument

One who is friendly An upholder A defender

FEA

Chapter 447Public Employer Rights

Define purpose and set standards Control organization and operations Direct employees Take disciplinary action Relieve employees from duty Act unilaterally on all of the above in

conformance with the Contract

FEA

Chapter 447 Public Employee Rights

To form, join and participate in a Union To be represented by the Union To engage in concerted activity for

bargaining, other mutual aid and protection

To be represented in grievances on all terms and conditions of employment

FEA

EXCLUSIVITY

The legal status of recognizing the Union as the sole and exclusive representative of the employees within a recognized bargaining unit

FEA

REPRESENTATION

Employees have a constitutional right to join a Union

The Weingarten case established the right to Union representation in grievances and/or disciplinary matters

When you represent members in your official capacity as a BR/Steward, you are the equal of management!

FEA

Weingarten RightsGuidelines and Limitations

Employee must request representation There must be a reasonable belief that

discipline will result The employer is not forced to interview

the employee The employer has no duty to bargain

with the Union Rep at interview

FEA

More.......

No Union representation is required at a routine meeting

An employee cannot refuse a request to go to the Supervisor’s office

An employee does not have the right to have the Union Rep of his/her choice before a meeting can be held

FEA

Weingarten Rights BR/Stewards

To be present and assist employees in facing management

To know the subject of any meeting for which representation is requested

To request a pre-interview meeting with the employee prior to meeting Mgmt.

To be an active participant and provide information to management

FEA

Unfair Labor PracticesEmployers are forbidden

from:

Encouraging/discouraging Union membership

Interfering with, restraining or coercing employees in the exercise of their rights

Refusing to discuss grievances in good faith

FEA

Unfair Labor PracticesUnions are forbidden from

Interfering with, restraining or coercing public employees

Interfering with, restraining or coercing managerial employees

Discriminating against a public employee for giving testimony, filing charges or exercising legal rights

FEA

Duty of Fair Representation

The Union has a legal obligation to represent members fairly in the grievance/arbitration process.

The Union’s conduct must not be: arbitrary, discriminatory, in bad faith, negligent.