Often, employers will institute new procedures and requirements or cease established ways of doing business -- most times to the detriment of the worker. Whether they can get away with it, well, depends. They cannot violate express terms of a contract (or personnel rule or charter provision) , the implied terms of a "past practice", or change a "term and condition of employment" without bargaining with the Union. Many other factors may apply, so contact us with your specific situation.

The old addage still rings true (generally): you should obey orders and grieve the issue later. No matter how dumb the order is, follow it and have the last laugh at arbitration.  Don't do your boss any favors, because disobeying an employer directive (no matter how dumb it is) is a separate, 'hanging offense' that most arbitrators will uphold. Now, there are concrete exceptions, especially for law enforcement, firefighters and other public employees that face unsafe (and potentially deadly) conditions everyday at work. Sometime you need to be your own advocate : do not obey any order that you reasonably believe will put you in danger of serious injury or death.

Yes, public employees have a statutory right to inspect their personnel files.  And they should on a regular basis . Even better, employees have the right to include in their p-file , any rebuttal or response they may have to any objectional material in the file. Also, make sure to request of all of the "files" the employer may have on you -- including the file kept in your supervisor's file cabinent or laptop.

A public employee is entitled to Union representation during any meeting with the employer where it is reasonably believed disciplinary action may result. These "Weingarten" rights have been recognized by the PELRB and serve as an important protection for our Unionized public sector workforce. You also may have further rights under your contract.

Yes.  Garrity rights play an important role in protecting law enforcement employees' rights regarding self incrimination.  Weingarten rights - the right to Union representation - also plays a vital role for law enforcement.  See our downloads page for more.

Yes and No. Retaliation against Union organizers ,stewards and field representatives are not uncommon (so, Yes). But, thankfully, both state statute and constitutional protections exist that shield the brave men and women that do the day to day , difficult work in the field (so, No). Sometimes it takes the long trail to a result in arbitration or court case to vindicate these rights (while the steward is on the outside looking in)-- more reason why these brave foot soldiers should be applauded and defended vigorously.

A union, acting as the exclusive representative of all bargaining unit members (union and non union employees), must act reasonably and fairly. The Duty of Fair Representation requires Unions to represent all members of the unit (not union).  Often times, simply getting the advice of counsel will shield Unions from liability. See our downloads page for more.

If the Union, after a reasonable investigation of the facts and a thoughtful review of the law (and contract), determines no viable grievance exists, then no.  But that decision must not be based on the fact that the potential grievant is a non union member.

The observations made here are based on our collective industry experience.  However, we do not intend here to provide specific legal advice and you should not rely on these observations as legal advice pertaining to any specific situation. We also provide these observations as general information without creating any legal or attorney client relationship.  If you need help with a specific situation, check with your legal or Union representative.