You may waive your right to Union Representation, but it is highly recommended that you not do so. Remember, in the WEINGARTEN case the employee was innocent of the matter which the employer had accused her of, but was still fired for other conduct admitted to while being questioned by her employer, without her Union there.
SAMPLE REQUEST FOR REPRESENTATION:
“If this discussion could in anyway lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.”
The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:
The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;
To care for a spouse, son, daughter, or parent who has a serious health condition;
For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services.
"Employees shall have the right to self-organization, to form, join or assist labor organizations (unions), to bargain collectively through representatives of their own choosing...."
National Labor Relations Act, Sec 7
The United States Government guarantees your absolute right to:
1. Help form or join a union
2. Bargain over wages, benefits, and working conditions with your employer
3. Wear union buttons, t-shirts, stickers, or other items on the job
4. Attend meetings to discuss joining a union
5. Talk about the union during work time, as long as it doesn't interfere with work
6. Distribute union literature, both on lunch or on breaks, on or off company property
According to U.S. Law - Management CANNOT:
1. Threaten or coerce employees in order to discourage support for the union
2. Spy on union activities
3. Ask you about your union activities or opinion
4. Fire, transfer, or demote employees for union activities
5. Threaten to close the facility if the union is voted in
6. Bribe employees to vote against the union
7. Deny employees the right to vote for the union
UNITE HERE Local 17 312 Central Ave Suite 444 -Minneapolis, MN 55414 Phone: 612-379-4730 Fax: 612-379-8698