Public Employee Press

Wallet-sized Weingarten rights cards

The union’s Legal Dept. has crafted brief language to remind DC 37 members that under a new law they have the right to representation at any meetings that could lead to disciplinary action. DC 37 will print the following text on the back of the business cards of all council representatives and local presidents:

You have the right to demand the presence of a union representative whenever an agent of management summons you to an investigation which you reasonably believe could result in disciplinary action against you.

If you are denied the opportunity to have a union representative present, any information obtained will be excluded from any later disciplinary hearing.

But you must demand the presence of a union representative.

The Legal Dept. worked with DC 37’s Political Action and Research and Negotiations departments, the AFL-CIO and state lawmakers to craft the legislation, which Gov. Eliot Spitzer signed July 18.

The law gives all employees, regardless of their civil service status, the right to representation at any meeting with managers or supervisors when it appears that questioning may lead to disciplinary proceedings. The employee must make the request for representation understood at the time of questioning.

The new law makes it an improper practice for a public employer to refuse a public employee’s demand for representation by the employee’s union when it appears that he or she may be subject to disciplinary action. If the employee requests representation, the employer must give the employee a reasonable period of time to obtain it.

If the employer denies the member’s request, any information obtained cannot be used against the member in a later disciplinary hearing.
The reminder will be printed on the flip side of DC 37 business cards, so union reps can give it to members.

“It is important to remember that the employee must request union representation at the time of the employer’s questioning. This card will serve as a reminder,” said DC 37 lawyer Robin Roach.