AFSCME Local 328 - OHSU Employees
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    Lead Steward Meeting
    Feb 22, 2017
    Location will vary
    Executive Board meeting
    Mar 15, 2017
    CDRC 3200
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    Mar 22, 2017
    Location will vary
    Steward Meeting
    Apr 12, 2017
    Old Library 217
    Executive Board meeting
    Apr 19, 2017
    CDRC 3200
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  • Get help from your Local 328 stewards

    Stewards are the union's vital link between the membership and the elected leadership. The stewards are where effective enforcement of our contract begins.

    If you are interested in becoming a steward, please contact Chief Steward Mike Bandy at bandym@ohsu.edu.



    Unit Stewards
    Oct 05, 2016
    Unit Stewards by last name lastName firstName mailCode workingTitle emailAddress Acena Sergio L349 Office Specialist acena@ohsu.edu Andersen Karen DC8N Health Unit Coordinator (HUC) andersek@ohsu.edu Bailey Michael CH7M Medical Assistant baileymi@ohsu.
    I'm Being Investigated. How Can Local 328 Help Me?
    Apr 27, 2015

    If you need representation for an "investigatory" interview follow the directions on the "tip sheet." Once you have secured representation the information below will tell you how an investigative interview proceeds. To learn your legal rights, read the Wiengarten article.

    AFSCME LOCAL 328

    MEMBER INVESTIGATORY MEETING

    PROTOCOL

    Article 10.2 Investigatory Interviews Employer/Employee Meetings

      ØThe Employer has the right to conduct "investigatory" interviews by asking questions of an employee which only the employee may answer.

    ØThe employee has the right to request, and shall be granted, Union representation at investigatory interviews where the employee reasonably believes the interview might result in disciplinary action.

    ØThe employee may utilize an individual other than a Union Representative for this purpose. However, the choice of representative shall not unduly delay the meeting.

    ØThe Employer has the right to conduct investigatory interviews by asking questions of an employee to which only the employee may answer.

    ØThe Employer has the right to initially hear the employee's own account of the matter under investigation.

    ØThe Union has the right in the investigatory interview to clarify previous answers or to elicit further relevant information.

    ØThe Employee does not have any protection against self-incrimination. S/he must answer the Employer's questions to the best of their ability.

    The Union?s Role in the Investigatory Meeting

    ØIt is not the Union's role to argue your case at an investigatory meeting. In fact that is prohibited. The Union can file a grievance and advocate for you if you are actually disciplined as a result of the investigatory interview. The Union?s role is:

    Ø Moral Support

    Ø Note Taker - documents case in the event of a future grievance if discipline is the outcome of the interview

    ØCan call for a break if you or the supervisor is getting upset

    ØClarifies questions and answers

    Dos and Don'ts

    ØDO answer the questions directly.

    ØDON'T elaborate.

    Ø DO answer the questions truthfully.

    ØDON'T elaborate.

    Ø DON'T make excuses, "like someone is just out to get me" or "it's not my fault," etc. If the Employer decides to discipline you, the Union can, after investigating, raise those issues as a defense as part of a grievance.

    ØDO provide factual information if the Employer's information is incorrect.

    ØDO try to stay calm.

    ØDO ask for a break if you feel yourself getting angry or emotional or if you want your steward?s advice before sharing a piece of information.

    Next Steps

    ØThe Investigatory Steward will document the meeting in the Union's E-zone

    ØThe member can access his/her case by going to the front page of the Local 328 Web site, hit the E-Zone button on the top menu bar; enter required personal information; click the "Member"  button on the left and then click "Check on a case I filed earlier." You will see a list of grievances which you have filed. Investgative interviews do not show up on this menu.

    ØIf the member is disciplined as a result of the investigatory meeting and wishes to seek advice or file a grievance, the member must access the E-Zone using the Local?s website address and enter a new case. If the member does not have internet access, s/he can request assistance by calling the Local 328 Know Zone at 503-239-9858, ext. 132.


    Tip Sheet - How to Get Union Assistance
    Apr 27, 2015
    .
    Download: Member Resources Tip Sheet .pdf

    Investigatory Meetings & Weingarten Rights
    Apr 21, 2015

    "Weingarten rights" derive from a 1975 Supreme Court case, NLRB v. J. Weingarten, Inc. Essentially, they are the right to request assistance from union representatives during investigatory interviews, so that a steward may prevent management from coercing an employee into confessions of misconduct (either through threatening behavior, or simply through skilled interrogation techniques). The union steward can:

        * serve as a witness to the actual content of the investigation;
        * object to intimidating tactics or confusing questions;
        * help an employee avoid making "fatal admissions;"
        * advise an employee, when appropriate, against denying everything, and thereby giving the appearance of guilt or dishonesty;
        * counsel an employee against losing her/his temper;
        * discourage an employee from informing on others;
        * raise extenuating factors.

    Weingarten rights apply only in investigatory interviews -- that is, when management questions an employee to obtain information; and the employee has a reasonable belief that discipline (or other negative consequences) may result. If an employee is called in to a supervisor's office merely to be informed of a disciplinary decision, the courts have found that this is not an investigatory meeting. The decision to discipline the employee has already been made. However, if the supervisor asks additional questions about the employee's conduct, the meeting becomes an investigatory interview.

    SAMPLE REQUEST FOR REPRESENTATION:

    "If this discussion could in anyway lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative be present at this meeting. Until my representative arrives, I choose not to participate in this discussion."

    The employee may request union representation before, or at any time during, the interview. At that point, the employer must either grant the request and delay questioning until the steward arrives; deny the request and end the interview immediately; or give the employee the choice of having the interview without representation or ending it immediately. If the employer denies the request for union representation and continues the meeting, the employee has the legal right to refuse to answer questions. However, it is a good idea to phrase the refusal in such a way that it can not be interpreted as insubordination; for example, by saying that you are willing to write down their questions and respond once you've spoken to a union representative. Employers sometimes assert that the steward's only function in these meetings is to observe the discussion (a "silent witness"), but this is not the case. The steward is also allowed to advise and assist the employee in presenting the facts. Once the steward arrives:

        * The employer must inform the steward of the subject of the interview (the type of misconduct being investigated);
        * The steward must be allowed to meet privately with the employee before questioning begins;
        * The steward may speak during the interview, but cannot insist that the interview be ended;
        * The steward may object to confusing questions and request for clarification (so that the employee understands what s/he is being asked);
        * The steward may advise the employee not to answer questions that are abusive, misleading, or harassing;
        * When the questioning ends, the steward can provide information to justify the employee's conduct.

    The employer is under no obligation to inform employees of their right to representation. You lose your Weingarten rights if you do not assert them.

    Link to the eZone - Local 328 online member resource. You can ask for a steward to assist you


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    Page Last Updated: Oct 05, 2016 (08:54:44)
  • Local 328, Oregon AFSCME Council 75

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