Week of April 12, 2021
Week of April 12, 2021
Weingarten Rights
Weingarten Rights
The officers, grievance chairs, and I have been busy over the last few weeks, representing members. However, there are a few members that have no been represented, or went to a meeting without representation. We have rights to representation in any meeting that could lead to discipline. Remember, while most administrators suggest you bring a Union Representative if it could be a negative outcome, they are not required to do this, and it is incumbent on the member to invoke their Weingarten Rights.
The officers, grievance chairs, and I have been busy over the last few weeks, representing members. However, there are a few members that have no been represented, or went to a meeting without representation. We have rights to representation in any meeting that could lead to discipline. Remember, while most administrators suggest you bring a Union Representative if it could be a negative outcome, they are not required to do this, and it is incumbent on the member to invoke their Weingarten Rights.
The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten Rights. Employees have Weingarten Rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct. If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. Management is not required to inform the employee of his/her Weingarten Rights; it is the employee’s responsibility to know and request.
The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten Rights. Employees have Weingarten Rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct. If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. Management is not required to inform the employee of his/her Weingarten Rights; it is the employee’s responsibility to know and request.
When the employee makes the request for a union representative to be present, management has three options:
When the employee makes the request for a union representative to be present, management has three options:
- It can stop questioning until the representative arrives;
- It can stop questioning until the representative arrives;
- It can call off the interview; or,
- It can call off the interview; or,
- It can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the employee should always refuse.)
- It can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the employee should always refuse.)
Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview. The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics. While the interview is in progress, the representative cannot tell the employee what to say but he may advise him/her on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.
Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview. The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics. While the interview is in progress, the representative cannot tell the employee what to say but he may advise him/her on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.
All members who wish to vote in the 2020/2021 Election must register to vote by Friday, April 16th
Elections will be held June 1st - June 3rd on Ballot Point
NTU COPE
NTU COPE
NEW UPDATES!!! ACTION STILL NEEDED ON SB 61!
NEW UPDATES!!! ACTION STILL NEEDED ON SB 61!
Upcoming Meetings: no meeting scheduled
Upcoming Meetings: no meeting scheduled
AFT-NH Legislative Updates
AFT-NH Legislative Updates
Know Your Contract
Know Your Contract
Teacher Transfer Requests
Teacher Transfer Requests
This is the time of year when teachers start thinking about transferring from one grade to another, moving from one building to another, or moving from one level to another.
Article 9:3 of the teachers' contract states:
"Teachers who desire a change in teaching or building assignment may file a written request with the District Human Resources Office not later than April 22 of the school year preceding the school year for which the change is desired. Such request shall be considered valid for one (1) year as a bona fide request for change. The request may be renewed in writing each school year not later than May 5 if it is not granted on initial application."
"Teachers who desire a change in teaching or building assignment may file a written request with the District Human Resources Office not later than April 22 of the school year preceding the school year for which the change is desired. Such request shall be considered valid for one (1) year as a bona fide request for change. The request may be renewed in writing each school year not later than May 5 if it is not granted on initial application."
If you have any questions, please contact the Union Office.
2021 PSRP Conference
2021 PSRP Conference
2021 Virtual PSRP Conference
2021 Virtual PSRP Conference
Friday, April 23rd 7:00pm - 9:30pm
Saturday, April 24th 10:00am to 5:00pm
Information and agenda for PSRP Conference: click here
This is open to all Para-Educators, Secretaries, and Food Service Workers.
Have an idea for the Just for Fun section? Send it to Adam (president@nashuatu.org).
We have a winner, and it wasn't even close! Tulips defeated Daffodils by a landslide!
We have a winner, and it wasn't even close! Tulips defeated Daffodils by a landslide!
Upcoming Events
Upcoming Events
- April 12th
- Para Negotiations, 2:30pm, via Zoom (Negotiation Team)
- April 13th
- NTU President/Superintendent Meeting, 9:00am, via Zoom
- Board of Directors, 4:15pm, via Zoom
- April 14th
- AFT-NH Convention, 5:00pm, via Zoom
- April 16th
- Para Negotiations (Tentative), 11:00am, via Zoom (Negotiations)
- April 19th
- NTU Blue Day - all day - all buildings - Wear your NTU Blue!
- BOE Human Resources Committee, 5:30pm, via Zoom
- Board of Education Meeting, 6:00pm, via Zoom
- April 20th
- NTU President/Superintendent Meeting, 9:00am, via Zoom
- Supporting Students with Grief and Loss, 4:00pm, via Zoom
- BOE Policy Committee, 6:00pm, via Zoom
- April 21st
- Executive Board/Superintendent Meeting, 3:00pm, via Zoom
- April 22nd
- Teacher Negotiations, 4:00pm, via Zoom (Negotiating Team)
- April 23rd
- Food Service Negotiations, 10:00am, via Zoom (Negotiating Team)
- April 26th - April 30th
- Spring Vacation! Enjoy!
- May 4th
- NTU President/Superintendent Meeting, 9:00am, via Zoom
- Executive Board, 4:00pm, via Zoom
- May 6th
- Election Committee, 4:00pm, via Zoom
Questions? Comments? Need Assistance? Contact a member of the Executive Board
Questions? Comments? Need Assistance? Contact a member of the Executive Board
Trying to email Adam? Make sure to use president@nashuatu.org
Trying to email Adam? Make sure to use president@nashuatu.org