What Do Workers Get Immediately After An Election Win?

After we officially win our union election, workers are guaranteed certain protections under the law and gain new rights. Management has been spreading misinformation about the unionization process and claiming that we will not have any gains until a contract is reached. This is false. An election win is a huge win, and it will create a “new normal” at our workplace.

Read on to learn about two sets of rights you’ll gain immediately following an election win.

STATUS QUO PROTECTIONS

Until a contract is agreed upon by both the workers and management, we are in a legal period called ‘status quo.’ This means that management cannot make changes to our wages or working conditions on their own anymore. Individual and company-wide changes can still happen if they are disclosed by management to the union and are subject to collective bargaining.

Why is ‘status quo’ important? This is a legal protection we have to ensure that all parties understand any changes made, the criteria for such changes, and to prevent any unfair changes that could happen. This is our first step towards more transparency and accountability at CIS!

Susan says “If the Union is voted in, no unilateral changes are permitted until a formal agreement is reached between the parties, which could take weeks, months, or years, perhaps never.” The law says management can make unilateral changes to the workplace, if the changes are a continuation of frequent, regular changes that can be classified as “business as usual”. Management is not prevented from continuing to operate as it did previously but it is prevented from making major workplace changes without accountability or transparency.

WEINGARTEN RIGHTS

Weingarten Rights give union members a right to union representation during an investigatory interview meeting with management where workers may face discipline or firing. This includes meetings in which you’re asked to defend your conduct, work, or performance. Just like you can demand a lawyer during a meeting with police, it is your legal right to demand a union rep during a meeting with your boss.

Management will not invoke your Weingarten Rights; you must invoke them yourself by requesting that a union representative be present. You can do this before or even during the meeting. Once invoked, you have the right not to participate or answer any questions until your union representative is present. Management cannot discipline you for invoking your Weingarten Rights.

You can say the following before you answer any of management’s questions, even if you are unsure of the nature of the meeting:

“If my responses to these questions could lead to discipline or termination, I respectfully request union representation”

You can begin exercising your Weingarten Rights immediately! You do not have to wait for a finalized contract to invoke these rights.

Susan says “Having a witness present doesn’t change the outcome of a disciplinary meeting” The law says that Weingarten rights apply to investigatory meetings that could lead to discipline. They do not apply to meetings where a disciplinary decision has already been made. However, if management is asking you questions that could lead to discipline, and your answers to those questions will determine the disciplinary outcome, it is of course in your best interest to have someone present! For example, a witness or union representative may object to questions if they are badgering, intimidating, or offensive. While this does not guarantee that the disciplinary outcome will change, it will certainly protect you from intimidation, unfair treatment, and prevent you from saying something that management could use against you. Ask yourself: 1. Who benefits from not having a witness present? 2. How might management’s conduct change if they were not the only judge and jury in the room?

KNOW YOUR RIGHTS!

Management won’t remind you of your rights. By staying knowledgeable about your rights, you’ll be better protected from retaliation and more likely to get better outcomes at the bargaining table. Invoking your rights helps overall union strength and shows management they can’t get away with past disciplinary practices.