State and Federal Legal Rights: Unfair Labor Practices, Wage Law Violations
All state and federal laws and protections apply. The contract can grant additional rights, it cannot take any away. Key ones often violated:
- Union-related:
- union protections - Referred to as "150E" for short. Violations of these trigger an "Unfair Labor Practice" (ULP) charge filed within 6 months to the MA Dept of Labor Relations (DLR).
- collective actions, a.k.a. "concerted activity"
- wage laws - Violations of these trigger a Wage Law Violation, filed within 3 years to the MA Attorney General.
- earned sick time laws
- FMLA
- workplace temperatures, with additional guidelines
Contractual Rights: Grievances
Your rights and working conditions are defined in your collective bargaining agreement (CBA, the "contract"). Violations of these trigger a "grievance". A grievance can be filed by a member without the Union's help/permission or by a Professional Rights & Responsibilities (PR&R) Exec Board person with or without the member's permission. Here is a template. If you have any questions or need to file a complaint or grievance, please contact the PR&R person for your Unit ASAP because we only have 20 days to file them.
Weingarten Rights
This is your right to have union representation with you at ANY meeting with an administrator that YOU reasonably believe could result in discipline or dismissal. (Info from MTA here.)
If you have been told that the meeting could result in a disciplinary action, or have reason to believe it could, then respectfully request that a union representative be present. Meetings can always be rescheduled until one is available or sub coverage can be found to free one up. A building rep or PRR person is best, but you can technically bring any union member.
This is a right that you must assert; administrators are not required to inform you of it (the good ones do though). If you are denied union representation (told no, or are not allowed to reschedule until one is available) just point out they are violating your rights and continue. If you were actively denied union representation, then that fact would be used heavily in your favor any future defense.
As always, only respond to questions asked, be truthful, as brief and direct as possible, and apologetic if you are.
Reps are allowed to:
If you have been told that the meeting could result in a disciplinary action, or have reason to believe it could, then respectfully request that a union representative be present. Meetings can always be rescheduled until one is available or sub coverage can be found to free one up. A building rep or PRR person is best, but you can technically bring any union member.
This is a right that you must assert; administrators are not required to inform you of it (the good ones do though). If you are denied union representation (told no, or are not allowed to reschedule until one is available) just point out they are violating your rights and continue. If you were actively denied union representation, then that fact would be used heavily in your favor any future defense.
As always, only respond to questions asked, be truthful, as brief and direct as possible, and apologetic if you are.
Reps are allowed to:
- Be informed about the subject matter of the meeting.
- Consult privately with the employee before the meeting.
- Speak and be proactive during the interview, as long as doing so does not interfere with or disrupt the meeting.
- Advise and counsel the employee (publicly in the meeting or privately)
- Provide additional information to the employer at the end of questioning.
- Bear witness to the proceedings and take notes (you can slow the meeting down if needed to make sure notes are clear and complete).
