Can a union rep be disciplined?
Among the rights protected by Section 7 is the right of union-represented employees, upon request, to have their representative present during an interview that the employee reasonably believes could lead to discipline. This right was first articulated by the Supreme Court in the case, NLRB v.
What is the role of a union representative during a disciplinary hearing?
The Role of the Union Representative The rep is present only to assist the employee. For example, the rep can clarify the facts, provide additional information, or suggest possible witnesses. The employer is free to insist that the employee provide his or her own version of the events under investigation.
What do you say in a disciplinary meeting?
During a Disciplinary Meeting
- Be courteous and respectful always;
- Ensure you understand the questions being asked of you;
- Respond to the allegations according to the approach you consider is best for your situation;
- Take specific note of particular words or statements that seem important; and.
Can I take a union rep to an investigation meeting?
Workers and employees have the right to be accompanied at a disciplinary hearing by a trade union representative or work colleague. This is set out in Section 10 Employment Relations Act 1999. This right to be accompanied does not apply to being accompanied at an investigatory meeting.
Can a representative speak at a disciplinary hearing?
A Rep can address a disciplinary hearing on an employee’s behalf. They can present and fully explain an employee’s response to any allegation made against them. They can also sum up the employee’s case and respond on the individual’s behalf to any view expressed at the hearing.
How do you write minutes for a disciplinary meeting?
How to: taking notes during disciplinary hearings
- Record the date and time of the hearing.
- Make a note of names and job titles of those present.
- Don’t take verbatim notes there are no need.
- Concentrate on the facts which either prove or disprove the allegations.
How do you deal with union representatives?
Always have a witness during any discussion involving union-related matters. Carefully adhere to Human Resources policies and procedures and the union contract. Never touch an employee during a conversation, even in a friendly manner. Don’t hold union stewards to a higher standard; treat all employees as equals.
What powers does a union rep have?
The rights of trade union reps
- negotiating pay, terms and conditions.
- helping union members with disciplinary or grievance procedures including meetings to hear their cases.
- going with union members to meetings with their line manager to discuss flexible working requests.
Can a union rep ask questions in a disciplinary?
The Trade Union Representative can present and/or sum up your employee’s and say things to support their case. They can confer during the hearing but cannot answer questions on their behalf.
Do disciplinary minutes need to be signed?
Do notes need to be agreed and signed by the employee? Yes – you should make every effort to get notes agreed, signed and dated.
Should disciplinary minutes be signed?
Minutes could be handwritten and a copy presented to you at the end of the meeting, or typed and sent to you at a later date. You may be asked to sign them. It’s important that you don’t sign until you have had an opportunity to check that they are an accurate representation of the meeting.
What is the responsibility of a union representative?
Union representatives typically act as the enforcers of a union’s collective bargaining agreement and employee contracts, ensuring that employees and organizations alike follow the terms of their arrangement.
What rights do union reps have?
Union representative or steward – has statutory rights to represent members in the workplace and carry out other workplace duties. Health and safety representative – has statutory rights to cover many aspects of health, safety and welfare in the workplace and attends health and safety committee meetings.
How do I get rid of a union representative?
When employees no longer want to be represented by a union or want to replace the union with a different one, they can vote to decertify the union. The process to decertify a union starts with filing an RD petition at the regional National Labor Relations Board (NLRB) office or electronically on the NLRB website.
Can I request to see minutes from a grievance against me?
In any event, if the individual (for example, the line manager) is named in a grievance letter, strictly speaking, under the Data Protection Act, they can make a Subject Access Request requesting to see the contents of the letter.
What rights does a union rep have?
Can a union rep be removed?
What are the responsibilities of a union representative?
They engage in collective bargaining on behalf of union members, working to achieve good wages and benefits that the entire employee base can live with. As contract negotiators, union representatives meet at the bargaining table with management and present what they believe are the best options for working conditions.
Can a Union represent an employee in a disciplinary meeting?
This case is a pertinent reminder of the consequences of misjudging the role of a union official in a disciplinary meeting. It is illegal under the Fair Work Act 2009 (Cth) for an employer to take adverse action against an employee because that employee sought to be represented by their union.
When to pause a meeting with a union official?
You should clarify this before the meeting begins. If a union official is acting as a support person and then starts to act more like a union representative during the meeting, you should consider pausing the meeting to remind them of their role, and record this in your notes.
How do I schedule a disciplinary meeting with an employee?
Once you’ve decided to proceed with a disciplinary meeting, you’ll need to make arrangements for the actual meeting. Choose a date and time that is convenient for your schedule and is feasible for the employee’s schedule (for example, at a time when the employee is scheduled to be in the office).
Do school districts have to allow union representatives to attend meetings?
Our clients often ask us about a school district’s obligation to allow a union representative to be present at a meeting between an administrator and an employee. It is a common misperception that a union representative must be present at all such meetings.