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Your Rights to Obtain Union Representation

and to

Remain Silent

 

OBTAINING REPRESENTATION

 

On July 18th, 2007 Governor Spitzer signed legislation codifying “Weingarten” rights for public sector employees in New York State.  The new legislation amends the Taylor Law in the following way:

 

  1. The new legislation amends the Taylor Law to add a new improper employer practice at Civil Service Law 209-a(1)(g).  Paragraph “(g)” states that “it shall be an improper practice for a public employer or its agents deliberately…to fail to permit or to refuse to afford a public employee the right, upon the employee’s demand, to representation by a representative of the employee organization, or the designee of such organization, which has been certified or recognized under {the Taylor Law}, when at the time of questioning by the employer of such employee it reasonably appears that he or she may be the subject of a potential disciplinary action.”

 

IMPORTANT

1.      The employee (YOU) must demand such representation.

2.      The employer (THEM) need not notify the employee of his or her right to demand representation.

3.      A reasonable period of time shall be afforded to the employee to obtain such representation.

4.      Failure of the employer to permit Union representation upon request may lead to an improper practice charge filed on of the member alleging a violation of this new provision, Actions take by the Employer may be nullified based upon this affirmative defense.

5.      If you are being questioned and believe you may be the subject of the investigation and you aren’t sure if you are entitled to representation, DEMAND REPRESENTATION.

 

RIGHT AGAINST SELF-INCRIMINATION

 

An employee is entitled to a reasonable opportunity to defend himself and an opportunity to testify on his own behalf, although not required to do so (Matter of Cadet; 3020-a(3)(c)(i)).  Pursuant to a Commissioner’s decision, a teacher can not be found to be insubordinate if they refuse to comply with a directive that incriminates him/herself in an investigation into a disciplinary matter.  If you are being questioned about your own behavior AND/OR asked to make statements that may be self-incriminating, it is in your best interest defer your answers and demand union representation.