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FEA BEING AN ADVOCATE Helping Members in Trouble
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FEA ADVOCATE l One who pleads the cause of another l A counsel, counselor l One who defends, espouses by argument l One who is friendly l An upholder l A defender
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FEA Chapter 447 Public Employer Rights l Define purpose and set standards l Control organization and operations l Direct employees l Take disciplinary action l Relieve employees from duty l Act unilaterally on all of the above in conformance with the Contract
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FEA Chapter 447 Public Employee Rights l To form, join and participate in a Union l To be represented by the Union l To engage in concerted activity for bargaining, other mutual aid and protection l To be represented in grievances on all terms and conditions of employment
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FEA EXCLUSIVITY l The legal status of recognizing the Union as the sole and exclusive representative of the employees within a recognized bargaining unit
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FEA REPRESENTATION l Employees have a constitutional right to join a Union l The Weingarten case established the right to Union representation in grievances and/or disciplinary matters l When you represent members in your official capacity as a BR/Steward, you are the equal of management!
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FEA Weingarten Rights Guidelines and Limitations l Employee must request representation l There must be a reasonable belief that discipline will result l The employer is not forced to interview the employee l The employer has no duty to bargain with the Union Rep at interview
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FEA More....... l No Union representation is required at a routine meeting l An employee cannot refuse a request to go to the Supervisor’s office l An employee does not have the right to have the Union Rep of his/her choice before a meeting can be held
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FEA Weingarten Rights BR/Stewards l To be present and assist employees in facing management l To know the subject of any meeting for which representation is requested l To request a pre-interview meeting with the employee prior to meeting Mgmt. l To be an active participant and provide information to management
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FEA Unfair Labor Practices Employers are forbidden from: l Encouraging/discouraging Union membership l Interfering with, restraining or coercing employees in the exercise of their rights l Refusing to discuss grievances in good faith
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FEA Unfair Labor Practices Unions are forbidden from l Interfering with, restraining or coercing public employees l Interfering with, restraining or coercing managerial employees l Discriminating against a public employee for giving testimony, filing charges or exercising legal rights
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FEA Duty of Fair Representation l The Union has a legal obligation to represent members fairly in the grievance/arbitration process. l The Union’s conduct must not be: arbitrary, discriminatory, in bad faith, negligent.
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