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Discipline and Termination - Employee Rights in the Public Sector. PA 800 Presented by: Amihan Makayan December 12, 2012. AGENDA. California Public Sector Labor Statutes Union Rights in Public Employment Weingarten Rights Skelly Rights Duty of Fair Representation

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discipline and termination employee rights in the public sector

Discipline and Termination -Employee Rights in the Public Sector

PA 800

Presented by:

Amihan Makayan

December 12, 2012

agenda
AGENDA
  • California Public Sector Labor Statutes
  • Union Rights in Public Employment
  • Weingarten Rights
  • Skelly Rights
  • Duty of Fair Representation
  • Personal Experience and Suggestion
california public sector labor statutes
California Public Sector Labor Statutes

The CA Public Employment Relations Board (PERB) administers:

  • HEERA – Higher Education Employment Relations Act , 1979
  • EERA – Education Employment Relations Act , 1976
  • Dills Act (SEERA) – State Employees , 1979
  • Meyers Milias Brown Act (MMBA) – Municipal Employees, 1968
union rights in public employment
UNION RIGHTS IN PUBLIC EMPLOYMENT
  • Basic Employee Rights under California Public Sector
    • Form, join, or assist labor organizations
    • Bargain collectively through chosen representatives
    • Present grievances, individually, collectively, or through the Union
  • Unfair Labor Practices
    • Interfering with, restraining, or coercing employees in the above rights
    • Retaliating, discriminating against, or threatening employees (because of above rights)
    • Dominating or interfering with the formation or administration of any labor organization.
    • Refusal to meet and confer (bargain) with the union chosen by the employees to be their exclusive representative.
rights of permanent public employee workers
Rights of Permanent Public Employee Workers
  • These rights are guaranteed by the 5th and 14th Amendments of US Constitution, and the California Constitution.
    • Free Speech
    • Property Interest in Job
    • Due process
  • Weingarten Rights
  • Skelly Rights
weingarten rights
WEINGARTEN RIGHTS

NLRB V. J. WEINGARTEN (420 U.S. 251)

weingarten history
WEINGARTEN HISTORY

Leura Collins, clerk at Weingarten Store No. 98

Failed to pay for full price for a box of chicken – was accused of stealing

Requested union rep and was deniedmultiple times

Unfair labor charge filed with NLRA

Ruling become Weingarten rights

Applies to private companies with represented employees

Public sector uses term but in reality covered by state and US constitutions and other labor laws and statutes.

weingarten rights1
WEINGARTEN RIGHTS

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. The employer is not required to suggest representation.

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.

skelly rights
SKELLY RIGHTS

Skelly v. State Personnel Board (1975)

California Supreme Court

skelly rights1
SKELLY RIGHTS

Public employees protection of Due Process clauses of California and US Constitutions.

Property Interest in Employee’s jobs

Pre-disciplinary:

Notice of proposed action

Reason for the action

Copy of charges and materials

Right to Respond to Charges

No formal hearing required

Post-disciplinary:

Written notice of the grounds for termination

Evidentiary hearing

Neutral hearing officer

Burden of proof is on employer

skelly rights2
Skelly Rights
  • Applies to
    • Termination
    • Long suspension (5+ days)
  • Does not apply to
    • Written warning
    • Short suspension ( <5 days)
    • Reclassification
    • Demotion in lieu of layoff
    • Reassignment and transfer
  • Skelly rights is separate and in addition to the collective bargaining agreement
duty of fair representation
DUTY OF FAIR REPRESENTATION

National Labor Relations Act

duty of fair representation1
DUTY OF FAIR REPRESENTATION
  • Under the National Labor Relations Act
  • Obligation to represent all employees fairly, in good faith, and without discrimination.
  • Often misunderstood
personal experience and suggestions
PERSONAL EXPERIENCE AND SUGGESTIONS
  • Importance of following appropriate procedures
  • Importance of following HR advice
  • Understand the roles of Management, HR, and Labor
questions
QUESTIONS?

Thank you!