Union Members' Rights
All union members have legal workplace rights that must be respected by employers. Some rights are provided by federal or state statutes, while others are inherent in specific union-employer agreements. In addition to taking legal action against rights violations, union employees can file charges against employers through the National Labor Relations Board for infraction of collective bargaining agreements.
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NLRA provisions
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The National Labor Relations Act provides workers with the right to form or join unions and protects members' rights to participate in union activities without coercion or retaliation from employers. The NLRA protects union members' rights to strike and to enter into collective bargaining agreements as well.
Weingarten Rights
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Weingarten rights originated in the Supreme Court and can be utilized to prevent unfair labor practices during disciplinary hearings. If you are confronted by your employer for disciplinary reasons, you have the right to request that a union representative be present before any hearings take place. Failure to comply with this request is considered an unfair labor practice by the NLRB (National Labor Relations Board).
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Unfair Labor Practices
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Union members have the right to work free of the pressures of unfair labor practices, as defined by the NLRA. Members also have the right to file claims regarding unfair labor practices with the NLRB. According to union-organizing.com, examples of unfair labor practices include: coercion to join or refrain from joining a union; threats to close facilities in retaliation for union activities; bribes directed at employees for any reason; personal inquiries concerning union sympathies; refusal to consider grievances.
Filing Claims
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To file a claim, contact an information officer at the nearest regional office of the NLRB. The officer will guide you through the process of filing a claim and help you avoid any errors and omissions that can delay your claim. You can find an extensive list of unfair labor practices and copies of claim forms through a database of regional NLRB offices (see Resources).
Reporting Pay
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Although it is not a federally protected right, several states have issued laws providing "show-up" pay to union employees who report to work but have nothing to perform. By law in these states, if an employee reports to work on time, he must be paid the agreed-upon amount for the day, regardless of whether there is any work to perform.
No matter where you live, your union contract may include reporting-pay provisions. If reporting pay is a part of your union agreement, you have a legal right to receive this compensation.
Considerations
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The NLRB processes thousands of claims each year and may give its largest share of attention to issues that affect large numbers of employees. You are, however, entitled to hire an attorney to handle your case, and you may also be entitled to recover any legal expenses incurred in the process.
Submit any unfair labor practice claims as soon as possible. Legal action under the NLRA must be taken within six months of an infraction, according to the current statute of limitations.
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