ࡱ> MOLq '5bjbjt+t+ ^AA.]hhhh`````,<```bbbbbb$l[@/hho///hR```hhhh`// h"`$#U1&``/PUSO Flash March, 2000 Tidbits from Tom All USO employees have ratified contract agree-ments. In December of 1999, USO and Management met to discuss the pos-sibility of extending the current contracts. All day was spent discussing various issues, including the length of any extension. The discussions held by USO with management were based on the surveys of the USO membership. It was decided to enter into negotiations for a two-day period to see if extensions were going to be possible. We were able to reach tentative agreements with management for three-year extensions. The union ratified by January 24th and the various boards concluded their ratifications by January 28th. Our new agreements extend our contracts to August 31, 2004. Some USO members questioned as to why we would do this. The following are just some of the main reasons for doing this extension: 1. It creates stability for the USO workforce. 2. We were able to maintain all the current benefits we have, plus we added two new benefits. 3. We were able to keep what we have in our contracts regarding working conditions. 4. We were able to achieve decent salary increases. I would like to thank all of the USO members from the various affiliates who worked so hard to see this come to life. These folks work very hard for you and deserve our thanks. I would also like to thank the USO membership for the support shown regarding the ratification of the contracts. USO works and you continue to show that by supporting the efforts of your union. THANK YOU!!!! MEA Scores Big Win! The USO communication committee is proud of one of our membes recent accomplishments. And who better to tell the story but David Crim himself? MEA achieved a stunning and significant victory on Jan. 20 this year. A legislative victory? Nopethe house and sen-ate were not in session. Campaign victory? Nopeit wasnt an election day. This victory relates to our core purpose for existence: rep-resentation and advocacy of school employees. On Jan. 20, MEA won a representation election at Mid-Michigan Public School Academy by a vote of 38 to 13. The importance of this victory cannot be overstated. With this win, MMPSAthe states largest charter school with 60 teachers and 1,100 studentsbecame the first unionized charter school in the state, and largest unionized charter school in the nation. Beyond all of the statistics and firsts, this has deeper meaning. As an MEA lobbyist during creation of the charter school legislation, it was clear to me that Gov. Engleras well as some legislatorsthought charter schools were a way to avoid unionsspecifically MEA. This organizing victory proves them wrong. However, this achievement is not part of a political war with John Engler. This is about MEA doing its jobproviding representation to school employees seeking a voice in the workplace. That is what we do. All MEA family members should feel a sense of pride as we expand our professional services to charter school employees. Welcome new USO Communications Committee member Please welcome the newest member of the USO communications committee, Cynthia Boles. As an initiation task, the committee requested Cynthia write an article introducing herself and explaining what she does. Someet Cynthia Boles. I am secretary to Ann Purvis, Director of Planning and Development in MESSA. I have been in that position since August 1997 but have been with MESSA since November 1996. I previously worked as a document processor in Projects & Procedures and as Secretary I in the Benefits area. I enjoy the challenges involved in working with people who must anticipate, affect and respond to the multiple pressures on health care coming from a variety of sources. P&Ds goal is to position MESSA to survive whatever changes may occur in health care so that we can continue to provide the highest quality benefits and service to our members. To that end, P&D monitors state and federal health care legislation and reform activities, research health care delivery trends, develop plans to secure MESSAs future and create products that will ensure our members ongoing health care security. My role is that of an office manager. While P&Ds four managers are involved with daily meetings both on- and off-site, I keep the office running smoothly. Ordering supplies, maintaining the departments budget, and typing correspondence are just a few of my duties. I especially enjoy creating PowerPoint presentations for my boss. If I could change a facet of my job, it would probably be the office location. Planning and Development is rather isolated from the rest of the floor via a thick wall and doors, and sometimes when emerging from P&D, I get the impression that Im entering a different dimension. Do I need an Area Rep? If a bargaining unit member (BUM) is called into a supervisors, managers or assistant managers office, he/she should first ask: Could this meeting be used in any future disciplinary action? If the supervisor says no, the BUM should get a witness to the statement and then document everything that goes on in the meeting. If the supervisor says it could be used in the future, or will not give a straight answer, the BUM should then let the manager know he/she will not meet without a Union/ Area Rep. The member has the right to the rep of his/her choice. If that choice is not available, he/she can request to reschedule the meeting at a time that would be convenient for his/her union rep. You cannot be unreasonable in your request. If your union rep is not available until later in the day or the next morning, the union would take the position that is not an unreasonable request. Management might challenge your request and ask that you use another rep. It is important for every BUM to know who their union rep is. Keeping accurate documentation of any given situation is absolutely essential. Weingarten Rights What are Weingarten rights anyway? And what do they mean to me, the employee? The term Weingarten rights stems from a legal casethe case of NLRB v Weingarten, Inc., 420 US 251 (1975). In Weingarten, the Supreme Court held that an employee, when called before management in the course of an investigative interview, and who is being questioned about his/her behavior, has the right, in certain circumstances, to union representation at that interview. A negotiated labor agreement may expand or restrict an employees Weingarten rights, so always check the contract when considering a Weingarten issue. Some basic principles that define an employees Weingarten rights are: The right of an employee to union representation depends upon the employee asking for representation. The employer does not have to advise the employee of his/her right to union representation. If an employee does not ask for union representation, by not asking he/she is waiving the right. An employee should be permitted to have the union rep. of his/her choice, unless that rep. is not available. The employee should be permitted to consult or meet with his/her rep. before an investigatory meeting, if so requested by the employee or rep. The employee has a right to a general statement of the purpose of the meeting. The right to representation applies even if an outside agency (not the employer) is conducting the interview, as long as there is a reasonable belief that the interview will lead to disciplinary action by the employer. The right to representation applies only in situations where an employee reasonably believes the investigation will result in disciplinary action. A significant purpose of the meeting must be to obtain facts to support disciplinary action. A meeting called simply to announce a decision to take disciplinary action or to voice complaints about the employees performance does not trigger the right to representation. The meeting has to include questioning, seeking information or seeking admission of the employees guilt to warrant union representation. The employee shall not be disciplined or discriminated against solely because he/she requested union representation. The exercise of the right to representation may not interfere with legitimate employer prerogatives, meaning: The employer is still free to carry on its inquiry without interviewing the employee, leaving the employee the choice of having the interview unaccompanied by a representative or having no interview and foregoing any benefits that may be derived from an interview. (Note: If the employer chooses to carry on the investigation without interviewing the employee, any disciplinary action may be subject to attack under the just cause standards requiring a fair and impartial investigation.) It is not within an employees rights to refuse an order to report to a supervisors office. This is your legal right! Make use of your right to representation!! [Thanks to Lisa Hulsebosch, MEA Staff Attorney, for her help with this article.] All you need to know about NSO CBC (continued) Julie Partee, ASO President, continues her explanation of the NSO Coordinated Bargaining Council. In 1987, the NSO Representative Assembly (RA) demonstrated its commitment to the CBCs by adopting a policy for enforcement of the Affiliate in Good Standing: In order to effectively enforce the Affiliate in Good Standing policy adopted by the 1986 NSO Representative Assembly, the following disciplinary actions may be taken against those affiliates not complying with the Constitution and Bylaws of NSO including all policies adopted by the RA and the guidelines and procedures adopted by the CBC of which it is a member. Should the appropriate CBC determine that an affiliate is not in compliance with this definition, recommendations for action should be referred to the Executive Committee through the CBC co-chairs Currently, there are four CBCs which are geographic in nature and include the following states: Central States: Iowa, Kansas, Kentucky, Maryland, Minnesota, Missouri, North Dakota, Nebraska, Oklahoma, South Dakota, TABCO (Baltimore) and Texas; Corridor States: Connecticut, District of Columbia, Delaware, Illinois, Indiana, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Virginia, Vermont, Wisconsin, NEA Staff Organization and AFSE; Southern States: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee and West Virginia; Western States: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington and Wyoming. The Corridor States CBC (CSCBC) meets twice a year. The agenda includes reports, either written or verbal , on current bargaining status of each affiliate or problems the affiliate is working through, a review of newly bargained successor agreement(s), review and/or updating of minimum goals and standards and some times training. Consequences for not being a member in good standing can be severe. Disciplinary action shall be uniform and progressive and may include: withholding of crisis fund monies, withholding of any kind of assistance, fines levied against the affiliate or censorship. Action shall be taken only after the CBC co-chairs have contacted the affiliate and encouraged the affiliates compliance with the guidelines and procedures adopted by the CBC. USO Calendar-2000 March 3-4 NSO CBC March 21 Bargaining Committee Room C 10:00 March 21 Grievance Committee Room C 12:00 March 21 Executive Committee Room C 2:30 April 17 Communication Committee Room 2 12:00 April 18 Bargaining Committee Room C 10:00 April 18 Grievance Committee Room C 12:00 April 18 Executive Committee Room C 2:30 May 16 Bargaining Committee Room C 10:00 May 16 Grievance Committee Room C 12:00 May 16 Executive Committee Room C 2:30 May 20 USO Annual Meeting Caf 10:00 How Are We Doing? The USO communications committee welcomes your ideas and editorial comments on the USO Flash. What would you like to see in upcoming issues? Are there specific concerns you would like us to address? Please contact any committee member. We welcome hearing from you. Linda Shankland, Committee Chair ext. 6631 Cynthia Boles ext. 4068 Laurie Campbell 3329 Hendee Rd., Jackson, MI 49021 (517) 787-0825 David Crim ext. 6225 Suzanne Dietel ext. 6690 Gary Dryer ext. 4025 Tom Greene ext. 5542 Julie Hill ext. 5482 Mary Pilcher ext. 2276 In This Issue: Organizing victory USO member spotlight Do I need an Area Rep? 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