Well the penalty overtime exclusion period(December) is upon us.
It started 12-2-2023, and from the reports I have received multiple zone supervisors in Fresno have already seemingly started violating Article 8 even more than they have previously, and I must say that is quite a task…. Anyway sisters and brothers, if your zone has a steward each of you need to request steward time. If your zone and/or station doesn’t have a steward call the branch and ask for a steward to be sent to investigate a possible Article 8 violation if you feel improperly worked.. You are the union, and only you can hold managements willful violations of the Nation Agreement accountable. Don’t let their glassy eyed look fool any of you, management knows they are in violation, and just are abusing you. Make sure you are writing a statement for the steward during the initial meeting, the steward may also have a follow up meeting with you if anything needs clarified.
It has come to my attention that a management type unilaterally forced a carrier to do a schedule change(PS Form 3189), instead of letting the carrier fill out a PS Form 3971. This management type never had the carrier fill out the PS Form 3189 to document this schedule change though. The carrier graciously gave this management type a pass by not filing a grievance, for this slam dunk violation.
A management type has implied to me that for a year there have been no issues at my current station, and now all of a sudden there are violations of the National Agreement, and I also have been told that I am the only one that cares. I guess their position is that I bring out the worse in the management types because they only started violating the National Agreement upon my arrival. Maybe……. they have a point though….. because when I had Veterans Day week off, management seemingly started following the National Agreement, but as soon as Monday rolled around, and I was back carrying mail, management started violating the National Agreement again. Hmmmmmm…….. I need to give this more thought…… because that is completely logical.
It has come to my attention that in certain zones your Weingarten Rights may be being trampled. As I have said many times, any time management talks to you you should consider it an investigative interview. Tell the management type point blank that you are invoking your Weingarten Rights, and will be happy to continue once the person you designate is there to represent you.
Here is a great website that highlights your Weingarten Rights:
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/weingarten-rights
Here are some very important parts from this link, that you should be aware of, and you always should have your representative there:
Any meeting may be an “investigatory interview” provided that the following occurs:
A manager, representative of management, or supervisor is seeking to question an employee.
The questioning is part of an investigation into the employee’s performance or work conduct. During an investigatory interview, a representative of management may require an employee to defend, explain, or admit misconduct or work performance issues that may form the basis for discipline or discharge.
The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions.
The employee requests a union representative. Employers are not required to advise employees of their right to representation and third parties (including union representatives) may not make the request on behalf of the employee.
When making a request for a representative, the Board does not require that the employee specify that they need a “Weingarten” representative. Once an employee requests their representative, they are not required to repeat that request.
Of course some management types can’t be trusted, so whenever you are invoking your Weingarten Rights make sure you have a carrier witness, the more witnesses the better. Once you invoke your Weingarten Rights, here are they 3 options the management type have:
How should an employer respond to an employee’s request for representation?
When an employee requests a representative during an investigatory interview, an employer may lawfully take one of three courses of action:
1. The employer may grant the employee’s request and delay the interview until a representative is available.
2. The employer may deny the request and immediately end the interview, or
3. The employer may allow the employee to choose whether to proceed with the meeting without a representative or to end the interview.
If the employer denies the request and continues to ask questions, this could constitute an unfair labor practice. Also, it is an unfair labor practice for an employer to discipline an employee for refusing to answer questions without their union representative present.
Those are the 3 choices you have, make a wise choice. This is solely on you.
Certain management types always try to violate this part, and deny your representative their rights under Weingarten. Both you and your representative must always be vigilant by the management type infringing upon your rights during an investigative interview. Your representative has the following rights during the investigative interview.
What may a union representative do during an employee interview?
Union representatives serve as advisors and witnesses during employee interviews. Employers are required to inform union representatives as to the subject matter of the interview and allow time for that representative to meet with the employee prior to questioning.
During the interview, a union representative may ask the employer to clarify questions, give the employee advice on how to answer questions (within limits), and provide additional information to the employer after the questioning. A union representative may also object to questions if they are badgering, intimidating, or offensive.
In closing, always remember 2 things: You are the union, and the only person that can stop management from abusing you is you.
Go! Go! Chiefs