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Legales y legales Recursos legislativos

Derechos de Weingarten     

"Si esta discusión podría de alguna manera llevar a que yo sea disciplinado o despedido, o afectar mis condiciones personales de trabajo, solicito respetuosamente que mi representante, funcionario o delegado sindical esté presente en esta reunión. Hasta que llegue mi representante, elijo no participar en esta discusión".

   Robert's Rules of Order

Federal Laws & Bills

  • Weingarten Rights

    • Active union members have heard this term. Union Reps have the right to protect their members because of it. For thirty-plus years, Weingarten has been an often-used word in the vocabulary of union advocates.

    • Any discussion someone is being asked to enter into that could in any way lead to discipline or termination, or affect their personal working conditions are entitled to a union steward, representative or union officer  to be present. This is for everyone’s own protection, both the member conducting the interview, and the member who is being interviewed. It is very important that any interview has a union representative be part of the discussion. All are entitled to a union representative, however they have to ask for one.

    • Being included helps the Union Rep to:

      • ​Serve as a (non-silent) witness to this interview

      • Contradict a supervisor’s possibly false account of said interview

      • Prevent intimidating tactics or confusing questions by supervisor

      • Prevent the member from making self-incriminating statements or admissions

      • Advise the member, under certain circumstances, to deny everything

      • Warn the member about losing his or her temper

      • Discourage the member from informing on others, i.e., co-workers

      • Identify any extenuating or mitigating factors that could benefit the member

    • NLRB v. Weingarten, Inc. 420 U.S. 251 (1975)

      • The employer violated §8(a)(1) of the NLRAct because it interfered with, restrained, and coerced the individual right of an employee, protected by §7, “to engage in … concerted activities for … mutual aid or protection,” when it denied the employee’s request for the presence of her union representative at the investigatory interview that the employee reasonably believed would result in disciplinary action.

  • National Labor Relations Act (NLRA)

  • James Zadroga 9/11 Health and Compensation Act (2010),  Reauthorization Act (2015), and Related Legislation

    • On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act of 2010 into law (Public Law 111-347). Title I of the Zadroga Act amended the Public Health Service Act to establish the World Trade Center (WTC) Health Program within the Department of Health and Human Services to provide medical monitoring and treatment benefits to eligible firefighters and related personnel, law enforcement officers, and rescue, recovery, and cleanup workers who responded to the September 11, 2001, terrorist attacks in New York City, at the Pentagon, and in Shanksville, Pennsylvania (responders).

    • Title I of the Zadroga Act also established benefits for eligible persons who were present in the dust or dust cloud on September 11, 2001 or who worked, resided, or attended school, childcare, or adult daycare in the New York City Disaster Area (survivors).

    • PL 11-347 Text (pdf)

    • On December 18, 2015, President Obama signed the Consolidated Appropriations Act, 2016 (Public Law 114-113) which includes the James Zadroga 9/11 Health and Compensation Reauthorization Act. Public Law 114-113 amended Title XXXIII of the Public Health Service Act at 42 U.S.C. §§ 300mm – 300mm-61 to reauthorize the WTC Health Program for 75 years, ending in 2090.

    • PL 114-113 Text (pdf)

    • On September 27, 2019, President Trump signed the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Public Law 116-59) which included language amending Title XXXIII of the Public Health Service Act at 42 U.S.C. §§ 3311(a)(4)(A) and §§ 3321(a)(3)(A) to raise the numerical limits on enrollment of 9/11 responders and survivors in the WTC Health Program. 

    • Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 Text (pdf)

 

State Laws & Bills

  • Chapter 13A New Jersey Employer-Employee Relations Act

    • In 1968, State Legislature passed the New Jersey Employer-Employee Relations Act. This Act granted to all public employees the right to join or refrain from joining labor unions, and the right to conduct collective negotiations with public employers through majority representatives. To foster the prevention and prompt settlement of labor disputes in the public employment sector of the state. To that end, the Act authorized majority representatives to negotiate agreements with public employers on behalf of the employees in the relevant bargaining unit. It further required that the majority representative “be responsible for representing the interest of all such employees without discrimination and without regard to employee organization membership.”

    • The Act also established PERC, the Public Employment Relations Commission. This administrative body was granted exclusive jurisdiction over reviewing and adjudicating unfair labor practices, grievance arbitrations, and compulsory interest arbitration for public safety officers in the state of New Jersey. PERC was also authorized to make policy and establish rules and regulations governing employer-employee relations in public employment. Almost all labor disputes and aspects of public employment labor law is under the oversight of PERC, its administrative rules and regulations, and the New Jersey Employer-Employee Relations Act. An association acting as the majority representative must be sure that it has leadership that is familiar with the inner workings of PERC but even more importantly, has counsel to call on that is familiar with public employment labor law.

    • What is PERC (pdf)

    • PERC Website

  • Workplace Democracy Enhancement Act (NJ A3686)

    • This act is designed to ensure that public employee organizations are able to carry out their statutory duties by having access to and being able to communicate with the employees they represent.

    • Summary Text (pdf)

    • P.L. 2018 Chapter 15

    • NJ A3686 Text (pdf)

  • Thomas P. Canzanella Twenty First Century First Responders Protection Act (S2407)

    • Firefighters with seven or more years of service who suffer an injury, illness or death caused by certain types of medical conditions would not be required to demonstrate causation or exposure before receiving medical benefits and financial compensation.​

    • S2407 Text (pdf)

  • The Bill Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act, (Chapter 157)

    • permits an active member of the PFRS, SPRS, and PERS Law Enforcement Officers (LEOs) or Emergency Medical Technicians (EMTs) to file for an Accidental Disability Retirement if the member is or is to become totally and permanently disabled due to participation in the rescue, recovery, or cleanup operations at the World Trade Center between September 11, 2001, and October 11, 2001, regardless of whether the member was enrolled in the PFRS, SPRS, or PERS at the time of participation or under orders or instruction by an employer to participate.

    • NJDPB 

    • Chapter 157 Text (pdf)

    • Ricci Act Paperwork (Google Drive)

  •  Public Employees Occupational Safety and Health

 

Online Resources

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