Your Rights at Work Everyone wants smooth working relationships on the job. But problems arise in every workplace. As a Kent Education Association/WEA member, you have the right to Union protection and representation guaranteed by your contract.
	When in Trouble – Demand Union Representation You have the right to representation by your appropriate union representative during conversations with your employer that could potentially lead to discipline or termination. This is a protection only enjoyed by Union members. If you think the conversation is disciplinary in nature, follow these important steps sometimes referred to as your: "Weingarten Rights" Demand Union representation. You must ask for Union representation before or during the interview. Management does not have to inform you of this right. Refuse to proceed without Union representation. A questioner must be told of your desire for representation. If management refuses to allow you representation, stay in the room, but remain silent. Do not make any written or verbal statement of guilt or innocence. You cannot be forced to make a statement or sign a statement about facts that may be used against you. The most appropriate response in this situation is to make no statement - claiming innocence is considered to be a statement. Do not waive your right to representation. If you proceed in questioning without representation, you have waived your right to representation and any statement can be used against you. The Weingarten Rights do not apply to everyday conversations between members and supervisors regarding regular job duties or work performance. You have the right to know of the nature of a conversation before it begins. If your employer asks you to come to the office, always find out the nature of the conversation first. Request representation if refused.
When Problems Arise – Talk to Your Building Representative If you think the employer has violated your rights, or you have questions about work, talk with your Building Representative. If the matter is a grievance, you will be referred to the appropriate union representative for further assistance. You have the right to file a grievance seeking justice when your employer violates your contractual rights. The system used to process a grievance is referred to as the “grievance procedure." Read your contract to find out what the exact procedure and timelines are for your workplace. If you and your Building Representative determine that a contract violation has occurred, together you will fill out a “grievance form.” If the employer refuses to settle the grievance, the Local may argue your case before an impartial arbitrator who will make a final ruling. Arbitrators have the power to order an employer to correct the situation. Remember: grievance procedures have strict time limits. File promptly. Read your contract. Not all work place complaints are grievances. Winning a grievance depends on the facts and evidence the Union can collect. Working closely with your grievance representative will improve your chances of success. Before going to your grievance representative with a problem, collect your facts and evidence. Put the material in order by date. Check your contract and point out the provisions you believe may apply. Make a list of witnesses that your union should speak with and make a brief note as to what facts each witness can provide. Above all, do not wait until the last minute to file your grievance. Additional facts can always be gathered later. Contrary to popular belief, most grievances are about contract violations not discipline.