San Joaquin County Local Chapter SEIU 790
 Service Employees International Union
 37 Hunter Square
 Stockton, CA 95202
 209.463.3283
 209.946.1382 -FAX
Stephanie Batey - Valley Staff Director

Human and Civil Rights

Union Frequently Asked Questions

What are my Union Rights?
What are the Weingarten Rights?
What are my rights for participating in Union activities?
What are Grievance Procedures?
What are my Disciplinary Action Rights?
What are MOU's?
When are Meetings held?

Know Your Union Rights

Knowing what your rights as an employee makes your unit a strong bargaining group. You probably spend a good part of your life on the job. Being a well-informed employee and a member of a good union gives you a choice in what your job is like; how much you are paid, when you work, how and when you will be promoted and what kind of work you do. Here are some of the basic rights:

Union Rights

Your employer cannot change your contract, your pay or your working hours without meeting with your Union and reaching an agreement. This is one reason it is important to have a strong union – one that is not afraid to insist on this right and to enforce it.

If you are asked to meet with your supervisor/administrator:

• You have the right to ask what the meeting will be about, and what will be discussed.
• If the meeting is disciplinary, investigative or accusatory in nature, you have the right to have a representative present (Union Rep, Steward or Attorney)
• If your representative is not available at the time of the meeting, you have the right to ask that the meeting be postponed until your representative can be available.

If your superior insists or orders you to attend the meeting, follow these steps:

• Attend the meeting to avoid being accused of insubordination.
• At the beginning of the meeting, inform the person conducting the meeting that:
• You are there under protest
• You intend to file a grievance because you were denied your right to have your representative present
• You will stay in the meeting, but will not participate in any discussion
• You have the right to remain silent
• Take notes of what is said to you

If you attend a meeting that starts off being routine (regularly scheduled conference, work review, informational session) but during the course of the meeting you feel that you are being:

• Harassed
• Intimidated
• Accused
• Investigated and/or
• Disciplined

You have the right to request that your representative be present for the remainder of the meeting. If your request to have a representative is denied, follow the steps listed above for attending the meeting.

If your superior asks whether you agree to have the meeting tape recorded or to have a stenographer present, you have the right to ask that the meeting not be conducted under those conditions.

If your superior insists against your objections, state on the record that you did not agree to this and then remain silent.

If your superior insists that you sign a warning notice:

• •  Sign it
• •  Add the following statement:

“My signature only indicates receipt of this notice.”

Weingarten Rights

The Supreme Court has ruled that an employee is entitled to have a Union representative present during an interview which may result in discipline. These are called your Weingarten Rights.

• You must request that a Union Representative be called into the meeting.
• You must have a reasonable belief that discipline will result from the meeting.
• You have the right to know the subject of the meeting and the right to consult your Union rep prior to and during the meeting to get advice.
• Do not refuse to attend a meeting if a steward is requested but denied. We suggest you attend the meeting and repeatedly insist upon your right to have a Union rep present. If this fails, we suggest that you not answer any questions and take notes.

Activity Participation

You have the right to form, join and participate in the activities of any employee organization for the purpose of representation.

You have a right to be free from interference, discrimination or reprisal on the part of the County or Management with respect to any lawful activity.

If you feel your rights are being violated, contact your Union Office or Steward.

Grievance Procedures

  Definitions

• Grievance : An alleged violation of a specific rule or regulation contained in the SJC Civil Service Rules or Department rules.
• Complaint : A dispute concerning the interpretation or application of ordinances, resolutions, policies, procedures, or agreements including MOUs.

Filing Deadline

Within 30 days from the time the employee knew or had reason to know of the facts giving rise to the grievance or complaint.

Issue discussed with immediate supervisor. If not resolved within 15 working days of presentation, the issue may proceed to Step 2.

Must be in writing and filed with the appointing authority or designee within 12 days of response from Step 1 or from date such response was due. The Department Head and designee have 15 working days to investigate and respond in writing.

If dissatisfied with response in Step 2, the issue may be filed with the Labor Relations or Human Resources within 12 days of receipt of written response or date when the written response due from the Department Head or designee. They have 25 days from receipt of issue to investigate and respond.

If still not satisfied, a written appeal to the Civil Service Commission for a grievance or a written appeal to the Board of Supervisors for a complaint will be filed within 12 days of the receipt of the response in Step 3 or from the date the written response was due.

Alternative Options

Prior to submission of the complaint to the Board of Supervisor:

• Both parties to a complaint may mutually agree to submit the complaint to mediation.
• Either party may submit the complaint to a third party intervener.

Disciplinary Action Rights

To initiate a disciplinary action against a permanent Civil Service Employee, Civil Service Rule 18 must be followed.
Employee has 7 days from receipt of written notice of action to request a “Skelly Hearing” in writing to appeal the action.
Employee has the right to have access to all documentation related to the proposed action.
The employee has a right to representation.

Memorandum of Understanding (MOU's)

Each employee is covered under a bargaining unit based on his or her job description. SEIU represents members in the following groups:

• Paraprofessional
• Professional
• Supervisory
• Trades, Labors, and Institutions
• Safety, Investigative and Custodial
• Office, Office Technical Workers
• Attorneys

SEIU also represents the San Joaquin County and Salida Head Start.

Each bargaining unit elects representatives to bargain contracts, which will go to the entire membership for a vote before they are ratified. These contracts are known as a Memorandum of Understanding.

The Memorandum of Understanding is in effect from the date of adoption by the Board of Supervisors through the end of that contract period.

The Memorandum of Understanding spells out the rights and rules of San Joaquin County Management and the San Joaquin Employees.

No officer, employee, or agent of the county has the authority to waive or modify a Memorandum of Understanding without the express prior approval of the San Joaquin County Board of Supervisors or its designee.

Each Bargaining Unit will find their MOU's kept on the San Joaquin County website:

http://www.co.san-joaquin.ca.us/hr/Policies/mou.htm

Regularly Scheduled Meetings

Members of the Union are welcome to attend all public meetings of the Union, its General Membership Convention, Executive Board, Industry Councils, Regional Conferences, Committees and Caucuses. These elected bodies work to serve and guide the membership of SEIU Local 790 and are only as strong as member participation and involvement.

SEIU strongly encourages every member to get involved in committees and meetings. The union is here to represent the workers and without your input and involvement, the union is unable to know and meet your needs.

Chapter Board Meeting:

Meets on the first Wednesday of each month and includes Officers and Delegates who are the decision makers for Local 790 – San Joaquin County . Meeting is open to all union members and any other interested guest.

PAC (Political Action Committee)

Meets on the last Wednesday of each month. Meeting is for PAC team members, and any other interested union members.

CAT (Contract Action Team)

Meets during active contract negotiations as needed. Responsible for informing and advising the Bargaining Team and moving worksite and community actions designed to agitate the County into agreeing to the Union's demands.

Human Civil Rights Committee

Meets the second Tuesday of each month.

Health and Safety Committee

The Health and Safety Committee meets to ensure that the County and Management are creating a safe and healthy work environment.