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Officers:
Links Section
Co-Presidents:
David Topoleski
David Lutz
Secretary/Treasurer:
Linda Koss
Negotiators:
Patricia Crosby
Tom McDonald
Brian Nichols
Trustees:
Lydia Cousino
Patti Lusher
Michelle Thomas
UNSHELVED LAUGHING LIBRARIAN WARRIOR LIBRARIAN REF GRUNT UNION LIBRARIAN LIBRARY JUICE LIPSTICK LIBRARIAN UAW TLCPL I AM THE UAW
Right to Representation
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If you are called into a meeting, and you think it may lead to discipline, ask your supervisor a couple questions:
- What’s the purpose of this meeting?
- Is this a disciplinary meeting? Might it lead to discipline?
- Can I, or should I, contact my Union Representative?
When do I need representation?
Whenever you reasonably believe that discipline may occur you are entitled to have union representation. Discipline means: oral reprimand, written reprimand, written record of a verbal warning, suspension, demotion, involuntary transfer/ reassignment, termination or any other involuntary punitive change in your working conditions.
A reasonable belief that discipline may occur could result from direct statements, a hostile manner, library “grapevine” or knowledge that a work problem has occurred. If you are unsure of the situation, you may request representation. If you have a question or anticipate a problem, contact your APLE Representative.
An APLE representative can:
- Serve as a witness to prevent supervisors from giving a false account of the conversation.
- Object to intimidating tactics or confusing questions.
- Remind everyone involved of the employee’s contractual and legal rights.
- Advise (when appropriate) an employee against blindly denying every-thing and thereby giving the appearance of dishonesty and guilt.
- Object to areas of inquiry that are outside of the disciplinary investigation.
- Help an employee to avoid making fatal admissions.
- Warn an employee against losing his or her temper.
- Raise extenuating factors.
Make sure you specifically request APLE representation. If denied representation, ask for the denial in writing. Never refuse to meet alone with management if directly ordered. It never pays to add a charge of insubordination (however unfounded) to an already problematic situation. However, do contact APLE as soon as possible. Although you don’t want to refuse to meet, you can respectfully avoid answering questions that may be used against you. Reply that you are uncomfortable answering questions without your APLE representative.
Denying a union member representation in a disciplinary situation is illegal. Telling you that calling your Union will only make things worse is also illegal. APLE will represent you if this happens. In fact, such blatant ignorance of the APLE - TLCPL Contract and the law on the part of a supervisor can later be used to expose his or her incompetence.
When management has violated the Contract, a grievance can be filed. A grievance results in a representative of the Union being present after the fact but not at the time the issue arises. Examples of Contract violations are improper or excessive discipline, misinterpretation or misapplication of the Contract, unreasonable work rules, etc. When improperly done, work direction, counseling and evaluations can also result in a grievance.
When do I not need representation?
Just as it is important to know your rights, it is also important to know their limits. Many work situations cause employees’ concern but do not trigger the right to have a representative present. Examples include work direction and work counseling. Evaluations are another normal management function that should not require the presence of a representative from your union.
