From the California Teachers Association website cta.org:

Michelle Arifuku and Monica Rice traveled to Sacramento to film a commercial for CTA with their new campaign, “Let’s get back to schools.” Michelle is a first grade teacher at Anna Hause Elementary, she is the secretary of Beaumont Teachers Association and she was chosen for this opportunity as a result of attending the Communications Strand workshop at CTA Summer Institute this summer. Monica Rice, 6th grade teacher at Mt. View Middle School, is our BTA organizing chair, is responsible for organizing the BTA book giveaways to the Beaumont community on behalf of our teachers, and she was also chosen to participate as a result of attending the Communications Strand at the CTA Summer Institute this summer. Both ladies are appearing in radio ads, print ads and television commercials supporting our public school teachers in a positive campaign entitled, “Let’s get back to schools.”

This is Michelle Arifuku in a CTA Commercial called “Welcome Back.”

\”Welcome Back\” | CTA TV Commercial

 

 

by Monica Rice

I had the pleasure of representing BTA at the NEA in July 2011 in Chicago at McCormick Center. The days were very long and full of articulate, sometimes very emotional, debates. It was beautiful to see so many people both agree and disagree with each other in such a professional and democratic manner. Spending several hours working through the democratic process was a great way to celebrate the 4th of July.

The issue over eight thousand educational representatives from all across America had the most emotional and heated debate was the endorsement of Obama for President in the 2012 election. During State Council and the California Caucus there was a lot of discussion about this endorsement; you might have even heard the discussion taking place at you schools and living rooms at home.

Historically we have not endorsed a candidate until the election year. Each labor party has their own bylaws that allow them to endorse candidates in their own manner. Some unions can endorse political candidates by a vote of their executive board. NEA’s bylaws dictate that we can only endorse a candidate through our annual RA. One of the big arguments was against an early endorsement of Obama.

Many members believed that there was no need for an early endorsement and that by giving this early endorsement we are forgiving the poor educational decisions that have been made by the current administration. A prevailing argument against that line of thinking is that if we wait what will we gain? If we wait how much mud will be slung against Obama? We cannot afford to have a president who believes in privatizing education.

Representatives participated in several phone town hall meetings prior to the RA. The president of NEA, Dennis Van Roekel, reminded us during one of those town hall meetings, that we share a common belief in the direction of public education with President Obama. We agree that some action taken by the current administration is not completely in step with our vision for education.

However, Van Roekel urged us to look past our differing perspectives and look to what we want public education to become. President Obama and the NEA both agree that all kids have a right to excellent public education.

There were several long debates and different opinions were given the opportunity to be heard. With 72% in favor, the motion to endorse President Obama for the 2012 presidential election passed the RA floor. Dani Tucker, President of Hacienda La Puente Teachers Association, urges caution in reading the result, “Let’s all remember, that while 72% is an overwhelming (percentage of support), it’s very low for a Democrat in a re-election campaign, by RA standards.”

With 3.2 million NEA members, we cannot expect to always agree on everything. We do however agree that public education is and should always be a priority. We agree that excellent public education should be available to everyone. There is still much work to do before the presidential elections. This endorsement of Obama is just the first step in assuring that our president will continue to work towards protecting and supporting public education.

The short summer was even shorter for members of the Beaumont Teachers Association Executive Board. President Jody Behrens-Blaul, First Vice President Norman Ault, Second Vice President Trina Brown, and Secretary Michelle Arifuku met for nine hours on Friday, July 15 to plan and strategize for the 2011-2012 academic year. Jody, Trina, and Michelle (along with Monica Rice, board member emeritus and active BTA member) spent the first week of August at UCLA participating in the California Teachers Association Summer Institute (yes, these dedicated women spent five days in dorm rooms in order to serve you better). Norman would have joined them, but he was down the road in San Diego at the AVID summer institute. Jody and Trina also spent five days in Pacific Grove at the CTA President’s Conference, while Monica spent seven days in Chicago as an NEA/RA representative. In addition to meetings and training each officer spent hours—some dozens, some hundreds—working on all the behind-the-scenes things that, we hope, will make 2011-2012 a watershed year for BTA.

The fruits of some of our efforts will only be seen over time. Others, like the new and improved website upon which you are reading this article, will be immediately evident. All of our efforts, however, have a common intent—to improve the lot and perception of teachers. To this end we need to foster a sense of community amongst ourselves, establish cordial working relationships with other members of the BUSD community, and a become a visible, positive presence in the community. It was a busy, productive summer, but forward momentum can only be sustained if we all remember that BTA is 370 certificated educators, not five executive board members, a handful of committee chairs, and a score of site reps. Pitch in where your talents are needed. Follow us on Facebook. Teach us to tweet, as we are currently in the “experimental” phase. Let us know when we mess up, but be constructive in your criticisms and balance them with an occasional pat on the metaphorical back. Join us in the ongoing process of making 2011-2012 a great year for BTA and the students we serve.

What are Weingarten Rights?

The National Labor Relations Act (NLRA) gives unionized employees the right to assistance from union representatives during investigatory interviews. These rights were affirmed by the US Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc., and have subsequently become known simply as “Weingarten Rights.”

Employees sometime confuse “Weingarten Rights” with “Miranda Rights”, but they are very different.

Miranda rights mandate that law enforcement officers who question suspects in a criminal investigation must notify the suspects that they have the right to remain silent and the right to have an attorney present during questioning.

Weingarten rights govern the relationship between employers and their unionized employees and mandate that employees have the right to union representation to be present during any investigatory interview.

Your Rights, Your Responsibility.

Be very aware that unlike law enforcement officers, employers are under no obligation to remind an employee of their Weingarten rights or ask an employee if they wish to exercise those rights.

It is the responsibility of the employee to be aware of his or her Weingarten rights, decide whether to exercise them, and notify the employer if he or she wishes to assert those rights.

How Do I Know If I Need to Exercise My Weingarten Rights?

A potential need to exercise Weingarten Rights may occur any time an employer engages an employee in an investigatory interview. These rights may be asserted prior to or at any time during an investigatory interview.

An investigatory interview occurs when an employer, manager, or supervisor questions an employee to obtain information and the employee has a reasonable belief that discipline or other adverse consequences may result from the information he or she provides during the interview.

Investigatory interviews often concern, but are not limited, to such subjects as:

Tardiness and absenteeism, accidents, violation of work or safety rules, damage to company property, use of alcohol or illegal drugs, falsification of records, poor attitude or work performance, sabotage or work slowdowns, and theft.

Not every discussion with management is an investigatory interview. For example, a supervisor may discuss with an employee the proper procedures or techniques to complete a job-related task. Even if the supervisor asks the employee questions, this is not an investigatory interview as the use or possibility of discipline is remote.

However a routine conversation changes character if a supervisor becomes dissatisfied with an employee’s answers and takes a hostile attitude. If this happens, the meeting becomes an investigatory interview and Weingarten rules apply.

When a supervisor calls an employee to the office to announce a warning or other discipline that has already been decided, it is not an investigatory meeting because the supervisor is simply informing the employee of a decision. However, such a meeting may become an investigatory interview if the supervisor asks questions that are related to the subject matter of the discipline.

How Can a Union Representative Help Me?

Having a union representative present with you during an investigatory interview can help in many ways. The representative can:

Serve as a witness to prevent supervisors from giving a false account of the conversation.

Object to intimidating tactics or confusing questions.

Advise (when appropriate) an employee against blindly denying everything and potentially giving the appearance of dishonesty and guilt.

Assist an employee to avoid making fatal admissions.

Warn an employee against losing his or her temper.

Raise extenuating factors that may mitigate any potential disciplinary action against the employee.

I’ve Exercised My Weingarten Rights, Now What?

Once an employee notifies an employer they wish to have a union representative present, the employer has three options:

1. Grant the request and delay questioning until the union representative arrives.
2. Deny the request and end the interview immediately.
3. Give the employee a choice of continuing the interview without representation (usually a mistake or the wrong choice) or ending the interview (best choice if no union steward is available).

What If My Supervisor Insists on Questioning Me Anyway?

If an employer denies the request for union representation and continues to question the employee, it commits an unfair labor practice and ONLY THEN may the employee inform the supervisor that he or she refuses to answer any further questions.

Once you have made this decision, stick to it. Do not allow yourself to be goaded into speaking but simply hear your supervisor out. If possible, take notes during the interview.

As soon as the meeting concludes, IMMEDIATELY contact a union representative. While waiting for a response, write down everything you can remember about what was said and done during the meeting. However upset you are, your memory will never be as fresh as it is at that moment. Getting that information on paper may make all the difference.

What are the Union Representative’s Rights and Responsibilities?

Although some supervisors sometimes believe and try to assert that the only role of a union representative at an investigatory interview is to observe as a silent witness, this is completely incorrect.

A union representative has the right to counsel the employee during the interview and to assist the employee to present the facts.

Legal cases have established the following rights and responsibilities of the union representative:

When the union representative arrives, the supervisor must inform the employee and the representative of the subject matter of the interview. A supervisor does not, however, have to reveal management’s entire case against the employee.

A representative has the right to take the employee aside for a private pre-interview conference before the questioning begins.

The representative can speak during the interview, but has no right to bargain over the purpose of the interview or to obstruct the interview.

The representative can advise the employee not to answer questions that are abusive, misleading, badgering, confusing or harassing.

When the questioning ends, the representative can provide information to justify the employee’s conduct.

How Am I Going to Remember All of This?

You won’t. In such a stressful situation, it will be difficult to think clearly, so here is a link to a handy card that contains a statement that can be read aloud to a supervisor if you feel the need to assert your Weingarten rights.

While you’re printing a copy for yourself, why not share a few with your coworkers as well?

Download Weingarten Rights Card PDF (29k)

Now sit tight and wait for your representative to arrive. Help is on the way!

Get Adobe Acrobat Reader