ATTENTION UNIT MEMBERS

If you have been observed after March 30, 2009, and given a subsequent evaluation, you may elect to have the evaluation removed from your file.   

The contract is clear on this issue.  All observations must be made prior to March 30th of each school.   

If you are not sure if this provision has been violated regarding your observation/evaluation, request to see your personnel file as per the collective bargaining agreement. 

If you need to request to have the evaluation removed from your file, send a written request to Dr. Orlando with a copy to David Leitner.

GFT Minutes [6/5/09]

      ·         Meeting opened @ 8:00 AM

·         Voted on new GFT Constitution – 25 Yes – 11 No

 

·         Negotiating Team – sign up sheet passed around

 

·         Cleaning of Refrigerator in teacher’s room

 

o    Will be cleaned out today b 2:00 PM – announcement made

o    In Sept. Grade levels will clean every month – Vote: Motion – R. Hvizdos – 2nd – C. Spirig. Suggested by D. Gaydos

 

·         No new business

 

·         Meeting adjourned – 8:20 – Motion: G. Zeiman 2nd: J. Rotonda

WEINGARTEN RIGHTS

One of the most vital functions of a Union is to prevent management from intimidating employees.  Nowhere is this more important than in closed-door meetings when supervisors attempt to coerce employees into a confession of wrongdoing.

 

The right of employees to have the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc.  Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as the Weingarten rights.

 

Unions should encourage workers to assert their Weingarten rights.  The presence of a union representative can help in many ways.  For example:

 

v     They can help a fearful or inarticulate employee explain what happened.

v     They can raise extenuating factors.

v     They can advise an employee against blindly denying everything, thereby giving the appearance of dishonesty and guilt. 

v     They can help prevent an employee from making fatal admissions.

v     They can stop an employee from losing his or her temper, and perhaps getting fired for insubordination.

v     They can serve as a witness to prevent supervisors from giving a false account of the conversation.

 

WHAT IS AN INVESTIGATORY INTERVIEW?

 

Employees have Weingarten rights only during investigatory interviews.  An investigatory interview occurs when a supervisor questions an employee to obtain information that could be used as a basis for discipline or asks an employee to defend his or her conduct.  If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has a right to request union representation.  Investigatory interviews usually relate to subjects such as:

 

v     absenteeism

v     accidents

v     damage to company property

v     drinking 

v     drugs

v     falsification of records

v     fighting

v     insubordination

v     lateness

v     poor attitude

v     sabotage

v     theft

v     violation of safety rules

v     work performance

 

If an employee has determined that disciplinary action may result from the investigatory interview, a simple statement such as:

 

“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 representative, officer, or steward be present at the meeting.  Without representation, I choose not to answer any questions.”

 

would be enough to enforce their federally protected rights.

 

 

WEINGARTEN RULES

 

Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, the following rules apply:

 

RULE 1:   The employee must make a clear request for union representation before or during the interview.  The employee cannot be punished for making this request.

 

RULE 2:   After the employee makes the request, the employer must choose from among three options.  The employer must either:

 

  1. Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; or
  2. Deny the request and end the interview immediately; or
  3. Give the employee a choice of:

 

1.      having the interview without representation; or

2.      ending the interview.

 

RULE 3:   If the employer denies a request for union representation, and continues to ask questions, they have committed an unfair labor practice and the employee has a right to refuse to answer.  The employer may not discipline the employee for such a refusal.

 

 

AAUP 2008-09 Report on the Economic Status of the Profession

Conclusion of the Report Summary:

The U.S. economy is experiencing its worst contraction in twenty-six years. President Obama has characterized the current economic situation as a “continuing disaster.” Although higher education has sometimes benefited from minor economic downturns that raise college enrollments without producing substantial declines in other sources of revenue, the current situation is an economic “tsunami” for academia.

Academia is a low-lying island amid the current economic turbulence. Yet even in this difficult situation, spending priorities must reflect our institutional mission to provide a societal benefit. Like the larger economy, we are on the brink, and it will be critically important for faculty members to participate fully in the difficult budget decisions to come. They must insist on full access to information, and take a critical look at claims about the need for immediate actions that will result in further demands on already strained human resources. Decisions about salaries, reductions in faculty positions and academic programs, and changes in the employment conditions of contingent faculty will affect the quality of the education we can offer for years to come, and we must ensure that the choices we make are good ones.


Click on AAUP 2008-09 Report to visit the AAUP website and download the full report.

Membership Meeting May 28, 2009

Miss Allen calls meeting to order at 6:33p.m.

Opens with question/ “Are there any members interested in holding a position on the executive committee or other committees, such as the financial, negotiation, grievance, and benefit committees.
No response from membership.
Miss Allen continues “Please think about it and contact a representative as soon as possible. Renegotiation of present contract is due to start soon.
Question-Ms Nicky “When is our present contract up?”

Answer-Miss Allen “We have to have a new agreement by Nov. 30th.”

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Bargaining Survey

The time has come to renegotiate our contract and as a valued member of our union we are interested in your opinions. In order to address the needs of our members we are conducting a bargaining survey to better assess your needs. Please read over our present contract carefully and highlight any significant guidelines that you feel may need to be revisited. Thank you for your cooperation with this matter.                             

United Together,
Executive Committee

 

                                                Bargaining Survey
 
1:      What benefits do you feel the present contract offers our members?
 
2:      What changes would you like to see made if any?

GRIPE VS. GRIEVANCE

While every grievance begins as a complaint, all complaints do not become grievances.  In order to know what complaints can be processed as grievances, you will need to refer to the collective bargaining agreement between Essex County College and the Essex County College Adjunct Faculty Federation  for the definition of a grievance.  (You can access the Agreement on this website).  As you will see in Article III., Section H., of the contract, a grievance can arise from a violation, misinterpretation or improper application of the collective bargaining agreement or a rule or policy of the College which affects the terms and working conditions of employment.

The purpose of the grievance procedure is to provide for the speedy, orderly and equitable resolution of disputes.

Inherent in the grievance procedure is the remedy sought which must be identified in order to make the grievant whole.  In selecting an appropriate remedy, it is important to keep in mind that the purpose of the remedy is restoration not retribution.  The remedy should be consistent with the collective bargaining agreement in order to protect the integrity of the contract.

If you feel that the conditions for a grievance have been met, please do the following:

  1. Carefully document all facts including dates and times pertaining to the grievance.
  2. Contact Lynne P. Cummins at or eccaff6370@vzw.blackberry.net or (973) 856-0767.

Remember that there is a big difference between a gripe and a grievance.  A grievance is a formal challenge to the employer that the contract or College policy has not been followed.

    Fortunately, most problems can be settled informally without filing paperwork.  But it is imperative that you contact the local leadership as soon as possible when you feel you have a grievance.  There are strict timelines for the filing process, and they start the minute the violation takes place.

    Do we have the power to negotiate change in a difficult economy?

    Only if we band together.  Get involved!  Join Today!

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