This document summarizes employee rights regarding union representation in the workplace. It outlines an employee's Weingarten rights under the 1975 NLRB v. J. Weingarten ruling to request union representation if a meeting may result in disciplinary action. It provides details on the Weingarten conditions and responsibilities of union advocates to represent members, ensure confidentiality, pursue grievances, and access relevant information from employers.
Bargaining Committee Selection and CharacteristicsJim Walker
This lecture presents bargaining committee characteristics and responsibilities. It is lecture 2 in a series of 14 lectures of the 3 unit course LS-2 Collective Bargaining offered at Los Angeles Trade-Technical College.
This document provides an overview of unemployment compensation claims defense presented by Ignacio Garcia. It discusses preliminary issues employers may face, such as independent contractors claiming benefits. It also summarizes strategies for contesting claims, including addressing employee eligibility, reasons for separation like layoffs or voluntary quitting, and proving willful misconduct. The document concludes with reasons why employers lose hearings and important points to strengthen an employer's case.
This document provides guidance on preparing for and participating in mediation to resolve legal disputes. It outlines key steps like analyzing the strengths and weaknesses of one's case, understanding the client's interests and alternatives to settlement, researching the mediator, and preparing a mediation statement covering the factual and legal issues. The document stresses communicating openly with the client, considering the full costs of resolving or not resolving the dispute, and getting any settlement agreement in writing.
Role of the support person in mediationPaul MCLEAY
What is the role of a support person in a mediation?
What do we look for?
What is allowed, not allowed.
How to say no to a support person.
Manage conflict.
Does having a support person improve the outcome?
This document summarizes a panel discussion on legal ethics between lawyers, judges, and mediation specialists. The panel addressed common questions that non-lawyers have about the ethical rules and guidelines that govern lawyers' and judges' conduct. Some of the key issues discussed include the proper scope of lawyers' duties of loyalty, candor and advocacy to clients; conflicts of interest; impartiality of judges; and the prohibition on ex parte communications. The panel provided explanations of the applicable rules on topics such as settlement negotiations, multiple representation, closing arguments, gifts to judges and staff, delays in litigation, criminal threats, investigations, and independent fact-finding by judges.
This document summarizes presentations from a professional responsibility seminar. It discusses ethical issues related to communicating with former employees, representing former employees, avoiding conflicts of interest, avoiding improper solicitation, and handling attorney departures from law firms. It also discusses the application of ethics rules to social media and issues related to substance abuse and investigations.
Bargaining Committee Selection and CharacteristicsJim Walker
This lecture presents bargaining committee characteristics and responsibilities. It is lecture 2 in a series of 14 lectures of the 3 unit course LS-2 Collective Bargaining offered at Los Angeles Trade-Technical College.
This document provides an overview of unemployment compensation claims defense presented by Ignacio Garcia. It discusses preliminary issues employers may face, such as independent contractors claiming benefits. It also summarizes strategies for contesting claims, including addressing employee eligibility, reasons for separation like layoffs or voluntary quitting, and proving willful misconduct. The document concludes with reasons why employers lose hearings and important points to strengthen an employer's case.
This document provides guidance on preparing for and participating in mediation to resolve legal disputes. It outlines key steps like analyzing the strengths and weaknesses of one's case, understanding the client's interests and alternatives to settlement, researching the mediator, and preparing a mediation statement covering the factual and legal issues. The document stresses communicating openly with the client, considering the full costs of resolving or not resolving the dispute, and getting any settlement agreement in writing.
Role of the support person in mediationPaul MCLEAY
What is the role of a support person in a mediation?
What do we look for?
What is allowed, not allowed.
How to say no to a support person.
Manage conflict.
Does having a support person improve the outcome?
This document summarizes a panel discussion on legal ethics between lawyers, judges, and mediation specialists. The panel addressed common questions that non-lawyers have about the ethical rules and guidelines that govern lawyers' and judges' conduct. Some of the key issues discussed include the proper scope of lawyers' duties of loyalty, candor and advocacy to clients; conflicts of interest; impartiality of judges; and the prohibition on ex parte communications. The panel provided explanations of the applicable rules on topics such as settlement negotiations, multiple representation, closing arguments, gifts to judges and staff, delays in litigation, criminal threats, investigations, and independent fact-finding by judges.
This document summarizes presentations from a professional responsibility seminar. It discusses ethical issues related to communicating with former employees, representing former employees, avoiding conflicts of interest, avoiding improper solicitation, and handling attorney departures from law firms. It also discusses the application of ethics rules to social media and issues related to substance abuse and investigations.
ELLEN O. BOARDMAN 2017 STEWARD SCHOOL PRESENTATIONjesse985119
This document provides an overview of the key responsibilities of a union steward, according to the National Pipe Line Agreement (NPLA). It describes stewards as the primary on-site link between the union and employees who enforce the collective bargaining agreement, process grievances, educate workers about the union, and support union priorities. The document outlines stewards' duties to resolve disputes, enforce the NPLA, maintain accurate records, represent employees in investigatory interviews per Weingarten rights, and request relevant information from employers. Stewards are protected from retaliation for union activities but are not permitted to discipline or direct employees.
Ethics And The Trial Consultant And Expert WitnessCTIN
The document discusses the roles and responsibilities of trial consultants and expert witnesses. A trial consultant advises the attorney privately and their name and reports are confidential, while an expert witness prepares to testify in court and their name, CV, and reports must be disclosed. The document provides guidance on properly distinguishing between the roles and obligations of a trial consultant versus an expert witness.
This document provides an overview of the key responsibilities of a union steward, including serving as an organizer, problem solver, educator, and leader on the job site. It discusses the steward's role in enforcing the collective bargaining agreement, processing grievances, maintaining records, supporting the union, and setting a positive example for other workers. The document also outlines the rights of stewards, such as protection from retaliation, and what is not part of a steward's job, like involvement in hiring or discipline decisions. Finally, it summarizes the union's duty of fair representation, employees' Weingarten rights during investigatory interviews, and an employer's duty to provide relevant information to the union.
- Victim advocates must understand legal privilege and confidentiality as it relates to communications with victims. Only advocates who meet specific statutory criteria can assert legal privilege to prevent disclosure of victim communications.
- Agencies should have written policies addressing advocate training requirements, roles and responsibilities to ensure privilege protections are followed. Advocates should consult legal counsel if faced with a subpoena to prevent accidental waivers of privilege.
The document discusses various legal structures like LLCs and corporations that can be used to protect assets from lawsuits, creditors, and taxes. It notes that LLCs and corporations, when properly formed and managed, provide liability protection for owners. However, they do not protect against known creditors. The document also summarizes different types of trusts like living trusts, asset protection trusts, and real estate trusts that can be used for estate planning purposes like avoiding probate and reducing estate taxes.
This document discusses legal malpractice and how to prevent it. It defines legal malpractice as alleging that a lawyer negligently performed legal services, with examples like missing filing deadlines or failing to advise a client properly. To prevent malpractice, clients should communicate clearly with their lawyer, ask questions, and stay involved. Comments discuss how far lawyer immunity extends - there must be proof of mishandling, not just differences of opinion on case value. Questions address barrister immunity and whether a client can sue their lawyer after settling a case.
Polsinelli's Gene Commander and Ryan E. Warren presented at the AGC Colorado Association Executive Leadership Academy. The Academy prepares next new leaders for the C-Suite. Polsinelli co-hosted the event with AGC and FMI.
The document discusses the importance of having a written disciplinary policy and procedure in organizations. It explains that such a policy protects both the manager and organization, guarantees employee rights, and teaches managers how to properly discipline employees. The document also provides examples of model disciplinary procedures, letters, and guidelines for conducting domestic inquiries and investigations to ensure natural justice and fairness in disciplinary processes.
Presentation to the Florida Chapter of the Association of Inspectors General on Avoiding and Investigating Conflicts of Interest and Appearance of Impropriety
P.V. Rajendra Prasad is an experienced legal advisor and practicing lawyer seeking a position as legal advisor. He has over 33 years of experience in litigation, legal matters, due diligence, contracts, and ensuring compliance. He is offering his services as a full-time legal advisor while continuing his independent practice. Prasad has expertise in various areas of law including litigation strategy, legal documentation, interpreting regulations, and providing legal advice. He is a dedicated professional seeking to add value through his exceptional knowledge and communication skills.
P.V. Rajendra Prasad is an experienced legal advisor and practicing lawyer seeking a position as legal advisor. He has over 33 years of experience in litigation, legal matters, due diligence, contracts, and ensuring compliance. He is offering his services as a full-time legal advisor while continuing his independent law practice. Prasad has expertise in various areas of law including litigation strategy, legal documentation, interpreting regulations, and providing legal advice. He is a dedicated professional seeking to add value to an organization through his exceptional knowledge and communication skills.
P.V. Rajendra Prasad is an experienced legal advisor and practicing lawyer seeking a position as legal advisor. He has over 33 years of experience in litigation, legal matters, due diligence, contracts, and ensuring compliance. He is offering his services as a full-time legal advisor while continuing his independent practice. Prasad has expertise in various areas of law including litigation strategy, legal documentation, interpreting regulations, and providing legal advice. He is a dedicated professional seeking to add value through his exceptional knowledge and communication skills.
Meaningful insight into today's arbitration trends, procedural issues and real world experiences. Also, tools that should assist in receiving a defense award at hearing and, more importantly, avoid having an arbitration initiated against them in the first place.
This document summarizes an ethics presentation on representing organizations and their constituents. It discusses identifying the client at the outset, explaining when interests differ, and obtaining informed consent when representing multiple parties. It also addresses special considerations for public companies, such as functioning where actions will be scrutinized and facing disclosure risks. The resources provided can help navigate complex ethical situations that commonly arise in executive compensation and benefits matters.
Ethical dilemmas and overlooked issues in private practice ppKate McNulty
This document discusses various ethical dilemmas and issues that may arise in private practice for social workers. It covers topics like maintaining social work core values, defining ethical dilemmas, and the differences between ethics, values, morals, and laws/policies. It provides guidance on making ethical decisions using the E-T-H-I-C method and developing qualities like cultural competence. The document also addresses issues around promoting a practice ethically, maintaining client confidentiality, dual relationships, informed consent, scope of practice, record keeping, and closing a practice.
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/resolving-shareholder-disputes-2020/
This document provides an overview of key employment law concepts. It discusses contractual rights that may arise from written terms, verbal agreements, or implied obligations. Statutory rights like unfair dismissal, discrimination, family-friendly leave, minimum wage are also covered. The document advises having written contracts addressing essential job details and termination. Potential reasons for fair dismissal and discrimination claims are outlined. Employers are advised to consider implied terms, termination processes, and establish clear policies on procedures like discipline and grievances to comply with employment law.
This slide show is an audio presentation of the orientation for students that are enrolled in LS-13, Union Leadership for the Fall 2013 semester at Los Angeles Trade-Technical College. It is presented by the instructor, Jim Walker.
Membership Orientation and SocializationJim Walker
The document discusses the importance of member orientation and socialization for unions. It notes that first impressions shape attitudes toward the union and that both formal and informal socialization are needed to build loyalty and commitment. A quality orientation program that provides relevant information to new members is key. The document then outlines recommendations for the orientation process and follow-up activities like mentorship to positively influence new members' opinions of the union.
ELLEN O. BOARDMAN 2017 STEWARD SCHOOL PRESENTATIONjesse985119
This document provides an overview of the key responsibilities of a union steward, according to the National Pipe Line Agreement (NPLA). It describes stewards as the primary on-site link between the union and employees who enforce the collective bargaining agreement, process grievances, educate workers about the union, and support union priorities. The document outlines stewards' duties to resolve disputes, enforce the NPLA, maintain accurate records, represent employees in investigatory interviews per Weingarten rights, and request relevant information from employers. Stewards are protected from retaliation for union activities but are not permitted to discipline or direct employees.
Ethics And The Trial Consultant And Expert WitnessCTIN
The document discusses the roles and responsibilities of trial consultants and expert witnesses. A trial consultant advises the attorney privately and their name and reports are confidential, while an expert witness prepares to testify in court and their name, CV, and reports must be disclosed. The document provides guidance on properly distinguishing between the roles and obligations of a trial consultant versus an expert witness.
This document provides an overview of the key responsibilities of a union steward, including serving as an organizer, problem solver, educator, and leader on the job site. It discusses the steward's role in enforcing the collective bargaining agreement, processing grievances, maintaining records, supporting the union, and setting a positive example for other workers. The document also outlines the rights of stewards, such as protection from retaliation, and what is not part of a steward's job, like involvement in hiring or discipline decisions. Finally, it summarizes the union's duty of fair representation, employees' Weingarten rights during investigatory interviews, and an employer's duty to provide relevant information to the union.
- Victim advocates must understand legal privilege and confidentiality as it relates to communications with victims. Only advocates who meet specific statutory criteria can assert legal privilege to prevent disclosure of victim communications.
- Agencies should have written policies addressing advocate training requirements, roles and responsibilities to ensure privilege protections are followed. Advocates should consult legal counsel if faced with a subpoena to prevent accidental waivers of privilege.
The document discusses various legal structures like LLCs and corporations that can be used to protect assets from lawsuits, creditors, and taxes. It notes that LLCs and corporations, when properly formed and managed, provide liability protection for owners. However, they do not protect against known creditors. The document also summarizes different types of trusts like living trusts, asset protection trusts, and real estate trusts that can be used for estate planning purposes like avoiding probate and reducing estate taxes.
This document discusses legal malpractice and how to prevent it. It defines legal malpractice as alleging that a lawyer negligently performed legal services, with examples like missing filing deadlines or failing to advise a client properly. To prevent malpractice, clients should communicate clearly with their lawyer, ask questions, and stay involved. Comments discuss how far lawyer immunity extends - there must be proof of mishandling, not just differences of opinion on case value. Questions address barrister immunity and whether a client can sue their lawyer after settling a case.
Polsinelli's Gene Commander and Ryan E. Warren presented at the AGC Colorado Association Executive Leadership Academy. The Academy prepares next new leaders for the C-Suite. Polsinelli co-hosted the event with AGC and FMI.
The document discusses the importance of having a written disciplinary policy and procedure in organizations. It explains that such a policy protects both the manager and organization, guarantees employee rights, and teaches managers how to properly discipline employees. The document also provides examples of model disciplinary procedures, letters, and guidelines for conducting domestic inquiries and investigations to ensure natural justice and fairness in disciplinary processes.
Presentation to the Florida Chapter of the Association of Inspectors General on Avoiding and Investigating Conflicts of Interest and Appearance of Impropriety
P.V. Rajendra Prasad is an experienced legal advisor and practicing lawyer seeking a position as legal advisor. He has over 33 years of experience in litigation, legal matters, due diligence, contracts, and ensuring compliance. He is offering his services as a full-time legal advisor while continuing his independent practice. Prasad has expertise in various areas of law including litigation strategy, legal documentation, interpreting regulations, and providing legal advice. He is a dedicated professional seeking to add value through his exceptional knowledge and communication skills.
P.V. Rajendra Prasad is an experienced legal advisor and practicing lawyer seeking a position as legal advisor. He has over 33 years of experience in litigation, legal matters, due diligence, contracts, and ensuring compliance. He is offering his services as a full-time legal advisor while continuing his independent law practice. Prasad has expertise in various areas of law including litigation strategy, legal documentation, interpreting regulations, and providing legal advice. He is a dedicated professional seeking to add value to an organization through his exceptional knowledge and communication skills.
P.V. Rajendra Prasad is an experienced legal advisor and practicing lawyer seeking a position as legal advisor. He has over 33 years of experience in litigation, legal matters, due diligence, contracts, and ensuring compliance. He is offering his services as a full-time legal advisor while continuing his independent practice. Prasad has expertise in various areas of law including litigation strategy, legal documentation, interpreting regulations, and providing legal advice. He is a dedicated professional seeking to add value through his exceptional knowledge and communication skills.
Meaningful insight into today's arbitration trends, procedural issues and real world experiences. Also, tools that should assist in receiving a defense award at hearing and, more importantly, avoid having an arbitration initiated against them in the first place.
This document summarizes an ethics presentation on representing organizations and their constituents. It discusses identifying the client at the outset, explaining when interests differ, and obtaining informed consent when representing multiple parties. It also addresses special considerations for public companies, such as functioning where actions will be scrutinized and facing disclosure risks. The resources provided can help navigate complex ethical situations that commonly arise in executive compensation and benefits matters.
Ethical dilemmas and overlooked issues in private practice ppKate McNulty
This document discusses various ethical dilemmas and issues that may arise in private practice for social workers. It covers topics like maintaining social work core values, defining ethical dilemmas, and the differences between ethics, values, morals, and laws/policies. It provides guidance on making ethical decisions using the E-T-H-I-C method and developing qualities like cultural competence. The document also addresses issues around promoting a practice ethically, maintaining client confidentiality, dual relationships, informed consent, scope of practice, record keeping, and closing a practice.
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/resolving-shareholder-disputes-2020/
This document provides an overview of key employment law concepts. It discusses contractual rights that may arise from written terms, verbal agreements, or implied obligations. Statutory rights like unfair dismissal, discrimination, family-friendly leave, minimum wage are also covered. The document advises having written contracts addressing essential job details and termination. Potential reasons for fair dismissal and discrimination claims are outlined. Employers are advised to consider implied terms, termination processes, and establish clear policies on procedures like discipline and grievances to comply with employment law.
This slide show is an audio presentation of the orientation for students that are enrolled in LS-13, Union Leadership for the Fall 2013 semester at Los Angeles Trade-Technical College. It is presented by the instructor, Jim Walker.
Membership Orientation and SocializationJim Walker
The document discusses the importance of member orientation and socialization for unions. It notes that first impressions shape attitudes toward the union and that both formal and informal socialization are needed to build loyalty and commitment. A quality orientation program that provides relevant information to new members is key. The document then outlines recommendations for the orientation process and follow-up activities like mentorship to positively influence new members' opinions of the union.
The document outlines the key roles of union leadership, including communicating with members and management, enforcing contracts through grievance processing, negotiating contracts, administering the union through committees and records, building the union through organizing, educating members, and developing new leaders to achieve union goals with integrity and respect.
The document discusses the key elements of an effective strategic plan including goals, objectives, strategies, and tactics. It provides examples of how to write a mission statement, problem statement, goals, objectives, and strategies/tactics for a union's strategic plan. The strategic planning process directs an organization and pulls it towards its mission through setting goals and developing objectives, strategies, and tactics to achieve those goals.
1. The document outlines standards for interpreting contract language, including that language means what it says without looking at past practice, specific language governs over general language, and enumerated items limit general language.
2. It also discusses that words must be interpreted in context of the full contract and given their ordinary meaning, unless otherwise intended.
3. Examples are provided to illustrate these standards, such as determining whether safety shoes are required based on a list of provided protective equipment.
The document discusses key terms and concepts in interest-based negotiations, including issues, interests, options, positions, and criteria. It explains that criteria are needed to evaluate options based on workability, fairness, affordability, practicality, and legality. Options are analyzed in three stages: feasibility, benefits, and acceptability. The final sentence introduces the concept of a BATNA, or best alternative to a negotiated agreement, in case an agreement cannot be reached.
The document discusses key terms and concepts in interest-based negotiations, including issues, interests, options, positions, and criteria. It explains that criteria are needed to evaluate options based on workability, fairness, affordability, practicality, and legality. Options are analyzed in three stages: feasibility, benefits, and acceptability. The document also mentions that parties should consider their BATNA, or best alternative to a negotiated agreement, in case an agreement cannot be reached.
The document outlines the principles and steps of interest-based negotiations and integrative bargaining. It discusses establishing criteria and applying them objectively to generate options that meet mutual interests. The process focuses on selecting issues, discussing interests, generating options, establishing criteria, and developing agreed upon solutions in writing. Techniques include brainstorming, active listening, consensus decision making, and member facilitating with an open mind. Consensus decision making is defined as a decision all group members can agree to and commit to, even if it is not their first choice.
The document discusses the importance of financial data for labor unions. It explains that analyzing income statements, balance sheets, annual reports, and auditors' reports can demonstrate a company's ability to increase wages and benefits or may reveal risks that make raises difficult. The document advises unions to gather, evaluate, and present this financial data when negotiating with companies.
The document discusses the importance of financial data for labor unions. It explains that analyzing income statements, balance sheets, profits and losses can demonstrate the ability to improve wages and benefits, but may also show risks that make raises difficult. It provides examples of financial reports unions can request, including income statements, balance sheets, and auditors' reports, as well as SEC filings and stockholders reports to evaluate a company's financial situation.
This document outlines steps for developing union proposals including creating a list of proposals, setting priorities, developing arguments based on membership interests, gathering member views through various forums, reviewing the current contract to identify needs for improvement, collecting essential employee and employer financial information, and making an information request to the employer which is a legal right but may require repeated requests.
Collective bargaining introduction part 1Jim Walker
The document discusses goals and strategies for collective bargaining negotiations. It identifies some key goals for a negotiator as achieving objectives, ratifying a contract, and building an effective labor-management relationship. Most importantly, research shows that being respected and maintaining dignity are the most important issues for union members. The document also defines important terms like strategy, bargaining, negotiate, and leverage that are relevant to the negotiation process.
The document provides an overview of the arbitration process. It explains that arbitration involves a neutral third party (arbitrator) who renders a decision after hearing arguments from both parties. The arbitrator's authority is defined by the collective bargaining agreement and issues submitted. Preparation for arbitration involves gathering evidence like documents and witness testimony. The parties may stipulate facts and exhibits in a pre-hearing conference to streamline the process. At the hearing, each party presents opening statements, evidence, and witness testimony before closing arguments.
The document outlines the grievance procedure and timelines. It recognizes that disputes can arise and encourages informal resolution. There are typically 2-3 formal pre-arbitration steps followed by a potential arbitration step where an arbitrator makes a binding decision. The document provides examples to help track timelines, such as an alleged violation occurring on September 15th resulting in a filing deadline of October 5th, and a grievance being filed on October 4th requiring a meeting within 14 days by October 18th.
The document provides guidance for presenting a grievance meeting. It outlines preparing facts over opinions or hearsay, rehearsing the presentation with the advocate leading, and using non-verbal signals like requesting a caucus. It also recommends determining a bottom line for negotiations before the meeting, not undermining the contract with a settlement, and inventing options that benefit all parties.
The document discusses several standards for interpreting contracts:
- Clear and unambiguous language means what it says without looking at other factors
- Specific wording in a contract is given greater weight than general language
- If one item is mentioned, other similar items are generally excluded
- Lists of specific items limit general language to only items of the same nature
- Words must be interpreted based on their context and surrounding text
- The entire contract must be considered as a whole, not just parts in isolation
- Words will be given their ordinary meaning unless otherwise indicated
This document provides guidance on investigating and writing grievances. It stresses the importance of thoroughly gathering facts about the dispute from all parties involved. When writing the grievance, it should concisely answer who, what, when, where, why, and remedy regarding the contract violation in 3 sentences or less per question. The grievance purpose is to enforce employee rights outlined in the contract. It is important to reference the specific contract provisions violated and demand an appropriate remedy.
This document provides an overview of the grievance process. It discusses the five steps of a grievance (investigation, identification, documentation, preparation, presentation). It also lists common categories for grievances and discusses the scope of grievances. Additionally, it covers considerations for early resolution, interviewing potential grievants, keeping notes in the process, and topics to cover in future classes on grievances.
The document provides guidance for union representatives on advocating for grievances. It outlines that representatives should keep an enthusiastic attitude, adopt a learning mindset, and understand the realities of not always winning cases. Effective advocacy also requires respecting others, being an active listener, and exhibiting appropriate behavior. Representatives must listen to member concerns, educate members on contract provisions, and enforce contracts fairly without discrimination. Some mistakes to avoid include representing members unfairly or making backroom deals. The legal duty of fair representation requires unions to represent all members equally and in good faith.
Arbitration is an alternative dispute resolution process where parties present evidence to an impartial arbitrator, who makes a final and binding decision. It is commonly used to settle labor, commercial, and international disputes. The arbitration process is typically outlined in an agreement and involves selecting an arbitrator, scheduling a hearing, presenting evidence and arguments, and receiving a final ruling. While arbitration is a more informal and private process than litigation, its use has increased as courts now generally support and enforce arbitration awards.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Physiology and chemistry of skin and pigmentation, hairs, scalp, lips and nail, Cleansing cream, Lotions, Face powders, Face packs, Lipsticks, Bath products, soaps and baby product,
Preparation and standardization of the following : Tonic, Bleaches, Dentifrices and Mouth washes & Tooth Pastes, Cosmetics for Nails.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
Thinking of getting a dog? Be aware that breeds like Pit Bulls, Rottweilers, and German Shepherds can be loyal and dangerous. Proper training and socialization are crucial to preventing aggressive behaviors. Ensure safety by understanding their needs and always supervising interactions. Stay safe, and enjoy your furry friends!
5. Weingarten Card WEINGARTEN CARD (If called to a meeting with management, read the following or present this card to management when the meeting begins.) If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.
6.
7.
8.
9.
10.
Editor's Notes
This lesson will focus on Weingarten rights, information requests and advocate-steward confidentiality. Every advocate should be familiar with a landmark Supreme Court decision concerning representation at investigative meetings, a union advocates right to necessary and relevant information, confidentiality rights between the member and the advocate. This lesson will introduce advocates to theses important topics. Students are required to read the Weingarten Supreme Court decision and the in-depth article about the rights and obligations derived from this decision.
In 1975 the United States Supreme Court rendered a landmark case that would lead to what is now know as “Weingarten Rights”. These rights are derived from a case that involved an employee who asked for but was denied a union representative in an investigatory meeting that concerned potential discipline. The court ruled that an employee is entitled to representation under certain conditions. The court ruled that the employee’s rights were violated under section 8 (a) 1 of the National Labor Relations Act (NLRA) because the employer had restrained, interfered, coerced the individual employee from engaging in protected activities, protected in accordance with section 7 of the NLRA. The decision is a reading assignment for this lesson plan. You will find the link to the decision within the reading assignment web page. It is important to note that the National Labor Relations Board (NLRB) denied “Weingarten” rights to non-union employees in 1988. Then in a reversal the NLRB in 2001, “Weingarten” rights were extended to non-union employees. However, in June of 2004, the NLRB overturned its decision for the fourth time in 22 years. The latest ruling denies non-union employees the right to have representation at a pre-disciplinary investigative meeting. Now we will review the conditions that must be met to be entitled to representation.
There are four criteria that must be met in order to qualify for representation in accordance with Weingarten. First, the meeting is on in which the employee has been summoned to a meeting to answer questions in connection with some wrongdoing or unacceptable behavior. The types of questions that are being asked appear to be an effort to solicit information that could result in discipline or adverse consequences. Second, the legal standard is that disciplinary action –of any severity- is possible as a result of the meeting. It does not matter if the supervisor is not intending to impose discipline at the start of the meeting. What matters is that questions are being asked, that when answered, could lead to discipline. Third, the law requires the employee to have a reasonable belief that discipline may be imposed. This is a judgment call on behalf of the employee and not the supervisor. It is the employee’s belief that counts. Often the employee will have a sense or an instinct that causes them to believe discipline could result. For instance has the supervisor raised the threat of discipline before for similar or same circumstances? Have other employees been disciplined for similar circumstances. Fourth, the employee must make the request for representation. The employer has no legal obligation to inform the employee of their Weingarten rights. The employee must request their rights. It is up to the employee to know their rights and inform the employer that no questions will be answered until their union representative arrives.
When the advocate arrives at the meeting they should immediately inquire about the nature of the meeting and the types of questions that will be asked. This way the advocate may determine if, in fact, the meeting is disciplinary in nature. Sometimes a member will ask for a union representative anytime the employer calls the employee into a meeting. Employees are not entitled to representation in all circumstances. The supervisor is permitted to conduct conversations with an employee, provide job instructions or conduct an evaluation so long as the threat of the discipline is absence. Should the advocate determine that the meeting is investigatory in nature the advocate should meet with the employee privately before the questioning starts. The advocate should solicit the facts to better prepare themselves and the employee. The advocate has the right to participate in the meeting. The employer has the right to insist the employee provide their own account of the situation or event that lead to the investigation but the advocate has the right to obtain clarification to questions that may seem unclear. The advocate may object to improper questioning and to supplement answers with other information that may assist the employees defense. It is critical the advocate should take complete and accurate notes. This can assist in later appeals of the discipline. Finally, in the event the employer denies representation and the employee is forced to answer questions a contractual grievance may be filed, legal remedies may be pursued, and an unfair labor practice charge may be processed.
This type of card is often distributed to union membership to advise them of their Weingarten Rights. Please be sure to read the article about Weingarten rights written by Robert M. Schwartz. He is a labor attorney and author of, “THE LEGAL RIGHTS OF UNION STEWARDS.”
The National Labor Relations Board has given legal protection to the confidentiality of conversations and other communications between members and their union officials. This privilege provides the a safe opportunity for the union member to “tell all” to the union advocate without worrying about whether the advocate will later be forced to betray those confidences. Also, if the information is shared with a higher union official the confidentiality will be preserved. The union has a responsibility to maintain that confidentiality, if requested, and guaranteed. If confidentiality is broken it should not be by a union official. The advocate should advise the member of the importance that they also maintain confidentiality.
The National Labor Relations act guarantees the rights of employees to be represented by the exclusive representative. Further it protects union advocates and union members to be free of intimidation, restraint and coercion as a result of the exercise of those rights. For this reason employers are prohibited from engaging in certain conducts that can be interpreted to be in violation of rights guaranteed under the NRLA. Let’s look at some examples of unacceptable actions. The employer can’t make intimidating statements in attempt to discourage an employee form filing a grievance. Such a statement as, “I don’t like when you call the union that could be trouble for both of us!” The employer may not retaliate because the union member filed a grievance. For example the supervisor the cancels the employee’s vacation soon after a grievance was filed. This could be considered a retaliatory act. The employer can’t increase the level of discipline after the employee seeks assistance form the union. Let’s say the supervisor was proposing a 5 day suspension but suddenly increases to 10 days after the union contacts the supervisor to inform her that the union will be representing the employee. Other examples of inappropriate actions by the employer are offering favors such as suggesting to the advocate they would stand a good chance of getting a management job if they would leave the matter alone. Rarely would such an offer come to fruition. It’s just used as an enticement to discourage the advocate from being a union pro-activist. The employer can’t require the advocate to disclose their notes or other information unwillingly. The employer may not tear up the grievance and refuse to process it. The NLRB considers such action to be a refusal to negotiate in good faith. Keep in mind the grievance procedure is a an extension of the bargaining process that occurred at the bargaining table resulting in a CBA. Another example of an employer impeding the union rights to represent its members is its refusal to meet with a steward not preferred by the employer. The union designates and elects its advocates, not the employer.
The advocate has a right to request and receive information that is necessary and relevant for the advocate to fulfill their duty as a representative. Such information is usually factual in nature. This may include date, general inquiries, information associated with a disciplinary and contractual grievances. Information associated with promotional and past practice grievances may also be requested. For a list of the specific type of records an advocate may request please refer to pages 223-224 of the textbook. For example if the advocate is processing a disciplinary grievance the advocate may need access to and copies of relevant documents contained in the grievant’s personnel file. This could include performance reports and previous records of discipline or commendation. The advocate may request information about other employees who have committed the same offense. For contractual grievances there are several possibilities of information, depending on the circumstances, the advocate may need to know. For example the advocate may request the employer’s relevant bargaining notes to determine intent. The advocate may request the dates, times, locations, and circumstances that the employer uses to establish its position of past practice. The key for the advocate is you can’t get the information if they don’t ask for it. By asking for and receiving relevant information the advocate will be better prepared to represent the employee. The burden is on the employer to show cause why it can not or will not supply the information that is requested. In most circumstances the NLRB and other enforcement agencies has been quite supportive of the union’s right to necessary and relevant information. That is not to say that the employer will not contest the information request. Typical excuses that employers use to deny information access will be discussed next.
It is not uncommon for an employer to offer excuses why it can’t provide the information that the advocate requests. More routine responses include the following: The union can get the same information from the employees. The request is to large. The information has already been posted. The grievance is not arbitrable. This is usually argued by the employer because timelines were missed or the issue is the exclusive right of the employer in accordance with management rights. The union can subpoena the information. The materials the union requested are privileged or confidential. All of the above reasons have been turned down by the National Labor Relations Board. As it stated earlier, the NLRB has been reasonably accommodating when it comes to the right of the union to access information. However there are some areas where the right to information is ambiguous.
An areas of that is ambiguous is confidentiality claims by the employer. Sometimes an employer has been successful with this argument. However, employer success has centered around sensitive information such as medical records, psychological data and aptitude test scores. Records that would disclose trade secrets or containing sensitive research data have been deemed confidential. Invoking a confidentiality defense by the employer requires that the employer has an established policy of barring disclosure and has consistently adhered to the policy. Nevertheless, if the employer invokes confidentiality then the employer must be willing to negotiate some reasonable accommodation that protects confidentiality. The employer has an obligation to provide information within a reasonable period of time after the request. Some information may require a longer period to respond than others but historically enforcement agencies have upheld the right of unions to receive the information promptly. In the event that information is not provided the union may file unfair labor practice charges against the employer. Only the union has a right to file charges. Individual employees, including the grievant do not have standing to file charges. An agent of the union drafting and filing the charge is not considered an individual. Review pages 223 and 224 of the textbook for a list of information examples that may be requested. The list is extensive, although not all inclusive.