SHIFT REP AND MEMBER RIGHTS
SECURITY POLICE OFFICES ASSOCIATION
Shift Representatives and Member Rights and Responsibilities
INTRODUCTION
As a shift representative it is your responsibility to provide a service to our members. This service shall represent the Association, our membership and your skills as a representative.
There have been many instances where a representative was present and stopped illegal action by the Employer or just maintained and documented improper actions, which later benefited the Officer involved.
It is not your place to decide guilt or innocence, rather it is your responsibility to provide the best representation possible. Your actions should be fair, impartial and neutral. The Association board will make the decisions if follow actions should be pursued. Here are the following keys to being a good Shift Representative.
RESPONSIBILITY OF SHIFT REPRESENTATIVES
Witness to Proceedings- your main purpose is to witness and be able to accurately recollect the whole proceeding that you are called to represent. You need to have good observational skills. These skills should cover the observation of employee and management and how they apply contractual procedures.
Document- As soon as possible during the representation you need to document what was said and what procedures were used. Ensure to document everyone in attendance, dates, times etc… Any victories over unjust policies can only be defended with the proper documentation to support it.
Investigation- During the representation, it is your responsibility to ask questions and pose different scenarios to management so as to receive a complete picture of the situation. What is the next step? Where do I find the documentation or policy that regards this situation? Provide me with a copy. How does this affect the Officer’s clearance? Will this go in the Officer’s file? How long will it stay in the file?
Preparation- Prior to accompanying the Officer for representation, it is crucial that you gather all the facts of the situation prior to entering into a session. Initial facts can be verbally told to the representative and documented on the Investigation Packet. Ask pertinent questions of the member and prepare questions for management.
Reporting- FILL OUT THE INVESTIGATION PACKET! Once the representation is complete and the proper documentation is filled out, it is imperative that you forward this to the President or Vice President of the Association, so that it can be reviewed. Also ensure that you report to the Officer what you thought occurred in the meeting/interview and review the documentation with the Officer.
GENERAL TIME LINE OF ACTION AFTER INCIDENT
Incident or Occurrence takes place
Management Notifies employee of interview or questioning
Management notifies SPOA of possible actions or gathering of facts
If SPOA was not notified earlier, Officer notifies SPOA Representative of actions
Shift Representative assigned
Representative relieved to perform duties
Shift Rep and Officer talk privately prior to any Management meeting or questioning
Conduct representational service with Officer
Document and report representational service
Contact Board member
Representative follows up any issues presented in meeting
Board follows up after reviewing Investigation Report
SHIFT REPRESENTATIVE RIGHTS
The rights below are protected by the National Labor Relations Act
You can openly disagree and argue vigorously with management during grievance meetings, question management’s authority and demand certain actions of management without risk of disciplinary action. This is called the " EQUALITY RULE". When conducting your duties as a representative you are "Legally Equal" to management conducting the session and or action. This is not, in any way, a reason to loose your professionalism. Threats of violence, name calling and personal violence are prohibited.
You have the right to grieve about unfair treatment. Management may accuse you of " soliciting grievances", but do not worry. You have the right and it is your duty to grieve legitimate issues
You have the right to carry out your own investigations of grievances, including interviews of grievants and witnesses.
You have the right to organize your fellow workers to take action in support of an issue or grievance, as long as it occurs on non-work time. Off duty time, lunch break and other break time is satisfactory for this conduct. Management cannot stop you from getting people to wear stickers, buttons or use signs.
You have the right to request the information you need to process a grievance.
You have the right to be present every time a grievance is being "adjusted" or "settled". Even if an officer has filed a grievance on their own, management cannot bypass the union when responding.
You cannot be denied, disciplined, discouraged or intimidated from doing your job.
You cannot be held to a higher standard as a shift representative. Things such as " You of all people should of known better " cannot be used as a standard of issuing discipline to a Shift Rep. This is illegal: you cannot be singled out or used to set an example.
THE WEINGARTEN CASE
In 1975 the U.S. Supreme Court ruled that all workers have the right to union representation when a supervisor or boss asks for information that could be used as a basis for any form of disciplinary action.
This case gave workers and unions specific rights called Weingarten Rights. Public employees are not covered by this federal case, however states soon adopted similar rights. A vital part of your job is to keep management from intimidating workers, especially when management is trying to get a member to admit to wrongdoing.
You should understand that any discussions with management…from a closed door meeting to a conversation with a supervisor on the job… could lead to possible disciplinary actions. Officers should ask immediately for a representative. This request can be made at any point.
You can take your own action if you see a worker is in a meeting or conversation with management where they are in danger of being disciplined. When you arrive, check to see what the issue is about, take a couple of minutes privately if you have to. Warn them to keep the answers short and to the point.
Your Shift Representative May......
Stop harassment of or abuse of a worker
Ask to clarify questions
Advise the worker how to answer questions
Provide management with additional information
Request a recess during the meeting that you need time to talk privately with worker
Provide management with additional information
Request the meeting take place another time if investigation into facts are required
Shift Representatives have the right to be represented also
"Weingarten Clause"
" If this discussion can in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my shift representative should be present at the meeting. Without my representative, I choose not to answer any questions."
RULES OF REPRESENTATION
Representation is needed for issues that regard working conditions, the employer must inform the SPOA and a representative must be made available.
If the issue is personal in nature and the Officer would rather speak alone with management, then it is the representative's responsibility to inform the Officer of his/her rights.
The President must be contacted if an issue arises which is not in-line with the Associations goals. However, the representative shall perform the duties until told otherwise.
At any point, if the Officer wishes to seek legal representation the session will be terminated. The representative will ensure that no further conversation regarding the issue be allowed to continue. The representative will assist the Officer in contacting LDF. Management will be quick to try to schedule an appointment the very next day. Inform management this is unreasonable because coordination still needs to be made with the lawyer. 48 hours is a reasonable period to secure legal representation.
OFFICER'S RIGHTS
Always consult with an association representative/lawyer before responding to any report, letter, memo and/or questions concerning an investigation which could possibly lead to punitive action. If ordered to do so ask to have it recorded and read non-waiver statement.
NON WAIVER STATEMENT
"I have been refused the right to have a representative of my choice"
"I understand that I am being ordered to make a report or answer questions and that if I do not comply with the order, I may be disciplined for insubordination. Therefore, I have no alternative but to abide by the order. However, by doing so, I do not waive my Constitutional rights to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution, under the protections of the California Constitution, and the protections afforded me under case law."
Overall Responsibility
Also as a Shift Representative and an Association member, the most respected job you have is providing yourself as a base of information for the membership, and being the eyes and ears for the Board. Be very observant of the issues around you and document or take mental notes of what is being said so that it can be reported to the Board. We can only improve or prepare for things to come if we have the right information.
REPRESENTATION CONTACT NUMBERS
PRESIDENT'S CONTACT NUMBER SPOA Dedicated Cell Phone: 209-602-9412 (Contact anytime!)
Home Number: 209-492-0542
Email: