When is union representation required

Grow Your Legal Practice. Meet the Editors. Union members can have a union rep present at interviews that may lead to discipline. When Weingarten Applies An employee who reasonably believes that an investigatory interview could lead to discipline is entitled to ask for union representation.

The Employer's Options Once an employee requests representation, the employer may not proceed with the interview without the union representative. The Role of the Union Representative The employer is under no duty to bargain with the union representative at the investigatory interview. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.

For Employees. Losing Your Job. Your Rights To Fair Wages. If you are a member, you have the right to vote on union business. You can elect union officials, vote on negotiation issues depending on the union, or ratify the collective bargaining agreement. If I signed an authorization card, do I have to vote in favor of the union if an election takes places? If the union collects enough cards, there will be no election and there will be no vote.

Then your signature on the authorization card is your vote for the union. But if the union does not get enough cards, and there is an election, you may vote your opinion as of the date of the election.

You are not bound to vote for the union on the basis of your signature. If I signed an authorization card, and would like to revoke it, what should I do? Under current PERB case law, authorization cards cannot be revoked. How does an election actually take place and what will be my choices on the ballot? You will have two ballot choices:. Whichever option receives a simple majority of the votes cast wins. If there is an election, is there a minimum number of employees that must vote in order to decide the outcome?

A majority of the employees voting determines the outcome. If only people vote, then only 51 need to say yes. They would end up deciding for every other employee in the group. This is why you should make sure to vote. Is membership in the union required to vote in an election? The representative may not interfere with or impede the interview.

When an employee requests union representation at an investigatory interview, the employer should work to arrange a mutually acceptable time for the interview within a reasonable period of time days. The meeting should not be unreasonably postponed because of the unavailability of union representation.

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