For questions about Social Security benefits, please contact www.ssa.gov.
KNOW YOUR RIGHTS. EMPOWER YOURSELF. EXERCISE YOUR RIGHTS.
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evelyn
knowledge is power
At-Will employment is a term that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (Union). Under this term any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals at any time, for any reason "for good cause, or bad cause, or no cause at all," (except for a few illegal reasons) and the employee is equally free to quit or otherwise cease work. If the employer decides to let you go, that's the end of your job and you have very limited legal rights to fight your termination. Our employer point out, in their handbook (page 9) that their employees work at will.
Collective Bargaining is the process through which a Labor Union and an employer negotiate the scope of the employment relationship. Collective bargaining allows workers and employers to reach voluntary agreement on a wide range of topics. Even so, it is limited to some extent by federal and state laws. Typically, the agreement establishes wages, hours, promotions, benefits, seniority and other employment terms as well as procedures for handling grievance process and cannot be discharged without good cause. Because the collective bargaining agreement cannot address every workplace issue that might arise in the future, unwritten customs and past practices, external law, and informal agreements are as important to the collective bargaining agreement as the written instrument itself.
Union Shop is where all new employees are required to join the union within a certain period of time after being hired. The union shop also permitted employers to fire those employees who avoided paying union membership fees. Union shop rules stipulated that new employees must also join the union or at least pay the dues. Basically if you join an employer and their employees are union you are automatically part of the union New York State practices this law.
Right-To-Work the phrase relates to ones right to work for an employer subject to a collective bargaining agreement without having to join the union. In other words, you cant be forced to join the union to get the job. Supporters of the right-to-work law believe that workers should be free to choose whether or not they want to join a union. They believe it is unconstitutional for employers to create contracts where one must join a union or promise to pay union fees within a certain time in order to have or keep their job. New York State doesnt practice this law.
Resources
If you have questions about your paycheck, wages, tips, work hours, overtime, breaks, vacation pay, or the Family Medical Leave Act, please contact the Department of Labors Wage at www.dol.gov/whd/.
If you are concerned about work-related safety and health, please contact www.osha.gov.
If you believe youve been discriminated against because of race, ethnicity, religion, age, gender, national origin or sexual orientation, please contact www.eeoc.gov.
For questions about Social Security benefits, please contact www.ssa.gov.
Information on the New York Labor Law
NYS Department of Labor Hospitality Industry Wage Order
NYS Department of Labor Wages and Hours Frequently Asked Questions
NYS Department of Labor Minimum Wage Poster
NYS Office of the Attorney General Your Rights as an Employee
Information on the Fair Labor Standards Act
U.S. Department of Labor Reference Guide to the Fair Labor Standards Act
U.S. Department of Labor 29 CFR 531 Wage Payments Under the Fair Labor Standards Act
U.S. Department of Labor Federal Minimum Wage Poster
U.S. Department of Labor Fact Sheet on Tips
U.S. Department of Labor Fact Sheet on Restaurants and Fast Food Establishments
U.S. Department of Labor Fact Sheet on Deductions for Uniforms
U.S. Department of Labor Opinion Letter Barbacks as Tipped Employees
U.S. Department of Labor Opinion Letter Tips charged on a credit card and Section 3(m)
U.S. Department of Labor Opinion Letter Uniform maintenance costs and tips
U.S. Department of Labor FAQs Uniforms and Their Maintenance Under the FLSA
Information on Tip Reporting
Revenue Procedure 2006-30 and Attributed Tip Income Program Information
Tip Reporting Alternative Commitment
Tip Rate Determination Agreement
Reports on Restaurant Wage/Hour Issues
Broken Laws, Unprotected Workers: Violations of Employment and Labor Laws in Americas Cities
Working Without Laws: A Survey of Employment and Labor Law Violations in New York City
Food Service Industry Reports and Guides
Bureau of Labor Statistics Report on Food and Beverage Serving and Related Workers
New York City Mayors Office of Immigrant Affairs Restaurant Owner Manual
New York Restaurant Industry at a Glance Report of National Restaurant Association
Members Ethics
IRS Deductions: Union Dues and Expenses
Weingarten Rights:
Members of labor unions enjoy "Weingarten Rights." If management questions the union member on a matter that may lead to discipline or other changes in working conditions, union members can request representation by a union representative. Weingarten Rights are named for the first Supreme Court decision to recognize those rights.
In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
During an investigatory interview, the Supreme Court ruled that the following rules apply:
Rule 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
Rule 2: After the employee makes the request, the employer must choose from among three options. The employer must:grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; deny the request and end the interview immediately; or give the employee a choice of having the interview without representation or ending the interview.
Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
In July 2000, the NLRB under the Clinton administration extended the Weingarten Rights to employees at nonunionized workplaces. On June 15, 2004, the NLRB under the George W. Bush administration effectively reversed the previous ruling by a three to two vote.
Carry and use yourWEINGARTEN Card. Contact your union representative to get one.
WEINGARTEN CARD
(If called to a meeting with management, read the following
or present this card to management when the meeting begins.)
If this discussion could in any way lead to my being
disciplined or terminated, or affect my personal working
conditions, I respectfully request that my union
representative, officer, or steward be present at this meeting.
Until my representative arrives, I choose not to participate in
this discussion.
Any time you have issues with management or a coworker, reporter them to your union representative. They will advise you on the proper way to handle the situation and will contact Human Resources, if needed. All issues reported to the union will be kept in a file for future evidence, if needed. The best way to report your issues is in writing. Below are the questions you need to answer when writing us about your issues:
Protection against Retaliation, Threats, and Spying
Under the N.L.R.A., it is unlawful for employers to use threats of any kind (including implied threats), punishment, interrogation, or spying to prevent, discourage, or interfere with the exercise of union member's rights.
National Labor Relation Board (NLRB)
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions, with or without a union.
Employees have the right to attempt to form a union where none currently exists, or to decertify a union that has lost the support of employees.
Examples of employee rights include:
Activity Outside a Union
Employees who are not represented by a union also have rights under the NLRA. Specifically, the National Labor Relations Board protects the rights of employees to engage in protected concerted activity, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment. A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employers attention, trying to induce group action, or seeking to prepare for group action.
A few examples of protected concerted activities are:
Who is covered?
Most employees in the private sector are covered by the NLRA. However, the Act specifically excludes individuals who are:
Examples of employer conduct that violates the law:
Examples of labor organization conduct that violates the law:
What rules govern collective bargaining for a contract?
After employees choose a union as a bargaining representative, the employer and union are required to meet at reasonable times to bargain in good faith about wages, hours, vacation time, insurance, safety practices and other mandatory subjects. Some managerial decisions such as subcontracting, relocation, and other operational changes may not be mandatory subjects of bargaining, but the employer must bargain about the decision's effects on unit employees.
It is an unfair labor practice for either party to refuse to bargain collectively with the other, but parties are not compelled to reach agreement or make concessions.
If after sufficient good faith efforts, no agreement can be reached, the employer may declare impasse, and then implement the last offer presented to the union. However, the union may disagree that true impasse has been reached and file a charge of an unfair labor practice for failure to bargain in good faith. The NLRB will determine whether true impasse was reached based on the history of negotiations and the understandings of both parties.
If the Agency finds that impasse was not reached, the employer will be asked to return to the bargaining table. In an extreme case, the NLRB may seek a federal court order to force the employer to bargain.
The parties' obligations do not end when the contract expires. They must bargain in good faith for a successor contract, or for the termination of the agreement, while terms of the expired contract continue.
A party wishing to end the contract must notify the other party in writing 60 days before the expiration date, or 60 days before the proposed termination. The party must offer to meet and confer with the other party and notify the Federal Mediation and Conciliation Service of the existence of a dispute if no agreement has been reached by that time.
How is "good faith" bargaining determined?
There are hundreds, perhaps thousands, of NLRB cases dealing with the issue of the duty to bargain in good faith. In determining whether a party is bargaining in good faith, the Board will look at the totality of the circumstances. The duty to bargain in good faith is an obligation to participate actively in the deliberations so as to indicate a present intention to find a basis for agreement. This implies both an open mind and a sincere desire to reach an agreement as well as a sincere effort to reach a common ground.
The additional requirement to bargain in "good faith" was incorporated to ensure that a party did not come to the bargaining table and simply go through the motions. There are objective criteria that the NLRB will review to determine if the parties are honoring their obligation to bargain in good faith, such as whether the party is willing to meet at reasonable times and intervals and whether the party is represented by someone who has the authority to make decisions at the table.
Conduct away from the bargaining table may also be relevant. For instance if an Employer were to make a unilateral change in the terms and conditions of employees employment without bargaining, that would be an indication of bad faith.
FOR MORE INFORMATION CONTACT: www.nlrb.gov
Office of Labor-Management Standarts (OLMS)
The Office of Labor-Management Standards (OLMS) of the U.S. Department of Labor administers and enforces most provisions of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). The LMRDA primarily promotes union democracy and financial integrity in private sector labor unions through standards for union officer elections and union trusteeships and safeguards for union assets. Additionally, the LMRDA promotes labor union and labor-management transparency through reporting and disclosure requirements for labor unions and their officials, employers, labor relations consultants, and surety companies.
Union Members Rights and OfficerResponsabilities Under the LMRDA
The Labor-Management Reporting and Disclosure Act (LMRDA) guarantees certain rights to union members and imposes certain responsibilities on union officers. The Office of Labor-Management Standards (OLMS) enforces many LMRDA provisions while other provisions, such as the bill of rights, may only be enforced by union members through private suit in federal court. For more information contact the nearest OLMS field office listed on page 2 of this fact sheet. Union Member Rights
Bill of Rights - Union members have:
Copies of Collective Bargaining Agreements - Union members and nonunion employees have the right to receive or inspect copies of collective bargaining agreements. Reports - Unions are required to file an initial information report (Form LM-1), copies of constitutions and bylaws, and an annual financial report (Form LM-2/3/4) with OLMS. Unions must make the reports available to members and permit members to examine supporting records for just cause. The reports are public information and copies are available from the OLMS Internet Public Disclosure Room at www.unionreports.dol.gov.
Officer Elections - Union members have the right to
Officer Removal- Local union members have the right to an adequate procedure for the removal of an elected officer guilty of serious misconduct. Trusteeships - Unions may only be placed in trusteeship by a parent body for the reasons specified in the LMRDA. Prohibition Against Certain Discipline - A union or any of its officials may not fine, expel, or otherwise discipline a member for exercising any LMRDA right. Prohibition Against Violence - No one may use or threaten to use force or violence to interfere with a union member in the exercise of LMRDA rights. Union Officer Responsibilities Financial Safeguards - Union officers have a duty to manage the funds and property of the union solely for the benefit of the union and its members in accordance with the union's constitution and bylaws. Union officers or employees who embezzle or steal union funds or other assets commit a Federal crime punishable by a fine and/or imprisonment. Bonding - Union officers or employees who handle union funds or property must be bonded to provide protection against losses if their union has property and annual financial receipts which exceed $5,000. Labor Organization Reports - Union officers must:
Officer Reports - Union officers and employees must file reports concerning any loans and benefits received from, or certain financial interests in, employers whose employees their unions represent and businesses that deal with their unions. Officer Elections - Unions must:
Restrictions on Holding Office - A person convicted of certain crimes may not serve as a union officer, employee, or other representative of a union for up to 13 years. Loans - A union may not have outstanding loans to any one officer or employee that in total exceed $2,000 at any time. Fines - A union may not pay the fine of any officer or employee convicted of any willful violation of the LMRDA.
FOR MORE INFORMATION CONTACT: www.dol.gov/olms
EGU is here for you, so we want to hear from you!
Copyright 2011 Evelyn Gonzalez Union. All rights reserve.
ph: 212-491-1505
evelyn