Representation Primer ETA RA – october 17

Representation of members - Primer Special Status of Representatives Right to Representation – Weingarten rights Before, During, After Call me immediately!!

Special Status of Reps Any member is allowed to represent another member any time. Special status is reserved for those who represent members on a regular basis. Because confrontation is a necessary part of the role of representative, labor laws grants special status. Under the NLRB – when acting as a union representative, status is elevated to equality with management. Traditional workplace norms: employee must be respectful and obedient towards management.

Special Status Immunity applies when we are acting as union reps in an informal or formal meeting. When acting as a representative, you are allowed to: Speak impulsively, especially if provoked Swear Speak loudly Speak frankly Demean your supervisor’s intelligence Threaten lawful protests HOWEVER. . . Being a union representative does not grant you a general right to tell your supervisors to “shove it!”

Some limitations Special status does not apply: When you take issue with your own work assignment When you debate your own job performance When you receive notice of discipline You are not protected by law if you: Use extreme profanity Use racial/sexual slurs Threaten physical harm Cause physical harm Location is a factor: What is considered appropriate behind closed doors would not be considered appropriate in the lobby of the district office. Exception: If provoked by similar language or actions by the supervisor, you may respond in kind.

9.9 of the Elgin Agreement 9.9 ASSOCIATION REPRESENTATION DURING TEACHER DISCIPLINE A teacher shall be entitled to have present an Association representative when the teacher is being reprimanded, warned, disciplined, or dismissed, excluding informal criticisms or suggestions for improvement which do not form the basis of formal action. When a request for such representation is made, no action shall be taken with respect to the teacher until such Association representative is present. Requests from administrators to teachers to attend such a meeting or conference shall be in writing and shall include the purpose of the meeting.

Representation rights Our members have the right to representation, but they must request representation. Administration does not have to advise the member of their right to representation, the member must request. Once the request has been made, the employer can chose to proceed or not. If they proceed then the association may file a ULP. A member has the right to waive their right to representation, but the Association does not advise that. Law guarantees the right to “a” representative of your choosing, not “the” representative of your choosing. The administration does not have the right to pick the union representative for the member.

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