KNOW YOUR RIGHTS...and remember them! The U.S. Supreme Court has ruled that union members have the right to representation by their stewards or union officers, during conversations with managers, that could potentially lead to discipline or termination from their job.
Demand Union Representation: You must ask for Union representation before or during the interview.
Refuse to proceed without Union Representation: You must tell a Questioner of your desire for representation. If representation is not provided to you, stay in the room, but remain silent.
Don't make any written or verbal statement of guilt to management. Management cannot force you to make any statement (verbal or written) without you first having the chance to consult with Union representation.
Do not waive your right to Representation: If you proceed in questioning without Representation, you have waived your Right to Representation and any statements made can be used against you.
WHAT YOU SHOULD SAY: "If this discussion could, in any way, lead to my being disciplined or terminated, or affect my personal working conditions, I request that my Union Steward or Union Officer be present at this meeting. Without Representation, I choose not to answer any questions."
REMEMBER: A signature constitutes a legal document, ...don't sign anything that can be used against you, later.
Representatives have the following rights when summoned to the interview:
- To be informed of the subject matter of the interview.
- To hold a private pre-interview conference with the Employee.
- To speak during the interview.
- To request clarification of questions.
- To advise the Employee on how to answer questions.
- To provide additional information once the interview is over.
KNOW YOUR RIGHTS!
Each manager is given and should have two (2) copies of the mandatory overtime list. One to post in your work location for the agents and CWA reps, and the other to keep for your reference.
Remember that EVERY qualified part time agent in the station whose shift ends within 1 hour of the necessary OT, regardless of work location, has to be mandatoried before keeping any full time agent. This includes INTL gate PT agents and ATO PT agents being sent to B and C, or vice versa. EVERYONE is qualified to rebook cancelled or misconnect customers.
Part time agents are classified by their work status, and not the shift they are working. If someone is part time, but is working a swap on a full time shift, they fall under the part time contact guidelines. The same goes for a FT agent working on a PT shift. Their status is full time.
Written and/or Electronic notification must contain two (2) important items including the reason (weather, irregular ops, etc…), and the approximate duration (up to 4 hours, 1 to 2 hours, etc…). “Mandatory overtime until further notice” is unacceptable.
Any employee who has worked 16 hours, or has worked at least 4 hours of overtime are exempt from mandatory overtime unless they are needed and no other employees are available.
Employees who are to return in the AM must still be released by seniority, and have their schedules adjusted. Just because they have an early AM shift does not exempt them from mandatory overtime from the PM unless they fall under the 16 hour or 4 hour OT guideline stated above.
Volunteers should always be solicited as early as possible. Send a volunteer pop up early when possible and start a list to keep in the event of necessary OT. Even if you have no takers, the effort was made.
All full time employees are to be released by seniority before releasing any part time employees by seniority.
No agent is allowed to “walk” on mandatory overtime because they feel it is being done incorrectly. Walking on mandatory overtime does not exist in the CWA contract, and anyone that does will face disciplinary action. Anyone who feels slighted is to follow up with their CWA representative after completion of work, or in the upcoming days under the contract guidelines of grievance periods.
CWA LOCAL 3641