Know Your Rights

WHEN YOU ARE CALLED IN TO MEET WITH YOUR SUPERVISOR, DO YOU KNOW WHAT RIGHTS YOU HAVE AS AN EMPLOYEE?

You have the RIGHT to ask what the meeting is about, and what will be discussed.

If the meeting is disciplinary, accusatory, or investigatory in nature, you have the RIGHT to have a Union representative present.

If your Union representative is not available, you have the RIGHT to ask that the meeting be rescheduled to another time when your representative is available.

If your supervisor orders you to attend the meeting, follow these steps:

1. Attend the meeting to avoid being accused of insubordination;
2. As the meeting begins, inform the person conducting the meeting that

(a) you are there under protest;
(b) you intend to file a grievance because you were denied your right to have your representative present; and
(c) you will stay in the meeting but will not participate in any discussion (you have the RIGHT to remain silent). Be sure to take notes of what is said to you. Do not respond to questions or accusations!

If you attend a meeting that starts off being routine, but during the course of the meeting you feel you are being harassed, intimidated, accused, investigated or disciplined, you have the RIGHT to request that your representative be present for the rest of the meeting. If your request is denied, follow the steps above.

If your supervisor asks whether you agree to have the meeting tape-recorded or to have a stenographer present, you have the RIGHT to ask that this meeting NOT be conducted under those conditions. If your supervisor insists that the meeting be recorded, state on the record that you did not agree to this and then be silent.

You have the RIGHT to inspect any record relating to your own service. You may have a representative with you when you inspect your file. You may ask that material that is not accurate or complete be removed from your personnel file.

BOTTOM LINE: KNOW YOUR WIENGARTEN RIGHTS

If you are called into a meeting, you have the right to know the purpose of the meeting and whether it is disciplinary in nature.

If it is disciplinary in nature, including investigative, you have the right to representation. The decision whether the meeting is disciplinary in nature rests with the EMPLOYEE.

If ordered to attend a meeting, comply with the directive to avoid a charge of insubordination. Clearly state that you want representation present before the meeting continues and that you will not respond to charges or questions. THEN REMAIN SILENT AND DO NOT REACT TO CHARGES OR QUESTIONS.

WHAT YOU NEED TO KNOW

An employee acquires property rights to their position once they become permanent. This right cannot be taken away from them without due process. Due process includes the right to respond to the charges during an administrative hearing and to be represented during any meeting called for the purpose of taking disciplinary action or to investigate matters, which could lead to such action. The employee has the right to an evidentiary hearing, which includes the right to produce evidence and witnesses, to cross-examine the employers witnesses.

WRITTEN REBUTTALS

You’ve just received a notice of discipline or performance evaluation that you don’t agree with. Now what do you do? As an Association member, you have representation to help preserve your rights! But, it is still important for you to know what your rights are.

Employees have the right to respond in writing to any information contained in their official personnel file. This reply will become a permanent part of the personnel file. This gives employees an important opportunity to respond to any negative performance evaluations or notices of discipline within their files. The objective of a written rebuttal should be to present positive information in support of the employee’s performance or actions. Following are some guidelines to keep in mind when composing a rebuttal.

Do not exceed one page in length. A clear, concise rebuttal will be more effective in helping the reader understand your point of view. You should be able to communicate your rebuttal on one page. Avoid the urge to convey too much information about the adverse incident or evaluation. Too much information will likely confuse the reader and negate the persuasive impact of your rebuttal.

Avoid negative, defensive statements. A positive statement can be more effective in rebutting the negative interpretation of the incident. For example, resist the urge to be defensive and state: "Co-worker Smith deserved my sharp comments. He is always rude to clients." A more positive and effective approach would be to say: "My interactions with co-workers are always professional and appropriate. I will offer suggestions to co-workers when I believe that an employee can benefit from my objective observation."

Do not include derogatory comments about co-workers or supervisors. You have the opportunity to review a copy of all adverse statements prepared by the County for inclusion in your personnel files. Your written rebuttal is not subject to verification, therefore, negative statements about others are not appropriate to include in this document. Otherwise, these employees would have to be granted the opportunity to respond to your negative statements. This would not be practical nor desirable.

Call your B/GCEA Representative for assistance. Your Employees Association Representative will review the draft of your rebuttal, offer suggestions to increase its impact and prepare the final document.

Include a copy of the rebuttal in your personnel files. Employees may have more than one personnel file; one file located at the central personnel office and one file located at the personnel office for your Agency. B/GCEA will send the rebuttals directly to the appropriate persons for inclusion in your personnel files.

IF YOU DON'T KNOW WHAT YOUR RIGHTS ARE, AND DON'T INSIST THAT YOUR RIGHTS BE OBSERVED, YOU HAVE IN EFFECT GIVEN THEM UP!

KNOW YOUR RIGHTS . . .