West rampers can be fired by phone

IAM 141 has been notified by a company attorney and Labor Relations that West fleet service employees can be terminated over the telephone as there is no clause in the TWU contract prohibiting such action. A deceitful and gutless way for the company to avoid a meeting with union stewards and prevent representation. :down:
I really think section 6 bargaining should have already happened with the west. I think the IAM has dropped the ball by shelving it.

regards,
 
This is a wind up, right?

Please tell me this isn't really happening...

I guess in the meantime, no west ramper should answer the phone if they see it's corporate calling...
 
IAM 141 has been notified by a company attorney and Labor Relations that West fleet service employees can be terminated over the telephone as there is no clause in the TWU contract prohibiting such action. A deceitful and gutless way for the company to avoid a meeting with union stewards and prevent representation. :down:

Just because its not prohibited in the contract,doesnt mean it can be done.It has to say they can do it I would think.

Heres how to handle this situation.Look up the Weingarten Act. http://www.inspectorsunited.com/weingarten_act.htm

You by law do not have to discuss any work matter on the phone if you think it will lead to discipline.Dudes this is federal law.The act has been mentioned to the IAM by me in the past,there reaction was( what the hell is that ).DUHHHH !!

So now your smarter than them,get a lawyer.Call the NLRB I dont care who says they cant help.A call doesnt cost a thing. You are intitled to union representation during any discipline phase including termination.ITS THE LAW.
 
The NLRB does not handle unionized workers under the RLA, they handle the NRLA, the NMB (National Mediation Board) handles workers under the Railway Labor Act.

And you are right about Weingarten, but the employee has to request representation once the employee does no discipline can procede without the union rep being there.
 
Heres how to handle this situation.Look up the Weingarten Act. http://www.inspectorsunited.com/weingarten_act.htm

The Weingarten Act doses not apply to the Airline industry. The airline industry falls under the Railway Labor Act. However it is a good guideline and every airline contract should have strong language addressing discipline/termination


One must first ask what the meeting is about. If the supervisor is looking into a matter that the member believes may lead to discipline, then the member may insist on having a union representative present.
In 1975, the Supreme Court held that an employee has the right to be accompanied by a fellow employee or union representative when being questioned by the employer regarding an issue that may lead to discipline. This is often referred to as "Weingarten Rights." Weingarten was the name of one of the parties in a seminal case on this issue.
The National Labor Relations Act does not require an employer to inform an employee of his/her Weingarten rights, but many of our contracts require it. When an employee requests union representation at a meeting, the employer has three options:
1. terminate the interview.
2. tell the employee to choose between an interview without representation and no interview.
3. grant the employee's request and include the representative in the interview.
An employee only has Weingarten rights for investigatory interviews. If the employer is meeting with the employee solely for the purpose of imposing discipline, there are no Weingarten rights. However, many of our CWA collective bargaining agreements require representation at such meetings..
Employees in industries covered by the Railway Labor Act (such as airline workers) and public sector employees do not have Weingarten rights, however, they may have similar rights via collective bargaining agreement. Public sector employees may also have similar rights via state law.Recommendations for Union Representatives in Investigatory Meetings:
· Ask the employer/supervisor the purpose of the meeting.
· You may, and should, talk to the employee before the interview.
· If the employer requests that the interview take place immediately, you may insist upon meeting privately with the employee first.
· During the interview, you may counsel the employee of his/her rights under the collective bargaining agreement.
· Write down what is said at the meeting and offer moral support to the employee.
· To the best of your abilities, clarify the issues and relevant facts as the meeting progresses.
· You may not prevent the employer from asking questions, but you should protect the employee from intimidation or bullying.
 
Although correct information regarding the NLRB versus RLA is discussed on this thread, it doesn't mean that you can't file unfair labor practice in Federal Court. As a matter of fact you can use NLRB and NMB cases to prove unfair labor practice. National Unions have been working on revamping the 80 year old RLA this year. I believe we will see positive changes made relating to RLA in the near future.
 
Although correct information regarding the NLRB versus RLA is discussed on this thread, it doesn't mean that you can't file unfair labor practice in Federal Court. As a matter of fact you can use NLRB and NMB cases to prove unfair labor practice. National Unions have been working on revamping the 80 year old RLA this year. I believe we will see positive changes made relating to RLA in the near future.

Correct and The Weingarten Act has been extended to cover non-union workers also.Such as walmart workers.The main question is how can you be fired on the phone,and what are your rights.I am sorry for mis-information but have used the walmart cenario with success,in regards to the company picking who will be your witness as oposed to you choosing when union officials are not avail.( wich is really the jest of the post ).

If non are avail what do you do,insist on having one present (yes),or having a coworker you trust involved instead of the company choice of the senior man,hence the system is flawed,you have to make it work for you.

Now who do you call if the union will not work on your behalf,??

The question is how to stop the problem of fireings on the phone.
 
Correct and The Weingarten Act has been extended to cover non-union workers also.
Not any more. That decision was reversed by a later National Labor Relations Board decision.

Weingarten Rights currently apply only to workers represented by an NLRA union.

That doesn't have much to do with this thread though. Even if Weingarten Rights applied in the situtaion being discussed here, it sounds as though these phone calls only occur after the decision has been made to terminate someone. Therefore it is not a disciplinary counseling that would trigger Weingarten Rights under the NLRA. After receiving the phone call, the terminated union member remains free to grieve the decision under the collective bargaining agreement's procedures.
 
That decision was reversed by a later National Labor Relations Board decision.

Weingarten Rights currently apply only to workers represented by an NLRA union.

Is this out dated then.

For a quarter of a century, unionized employees have had the right to be accompanied by a union representative when questioned about possible disciplinary offenses as a result of the Supreme Court’s decision in NLRB v. Weingarten, 420 U.S. 251 (1975). In Weingarten, the Supreme Court affirmed the NLRB’s interpretation of section 7 of the NLRA, as amended, 29 U.S.C. § 157, which grants employees the "right … to engage in … concerted activities for the purpose of mutual aid or protection," as granting unionized employees the right to have a union representative present at an investigatory interview that the employee reasonably believes might result in disciplinary action. Since 1985, the NLRB consistently has ruled that non-union employees do not have so-called Weingarten rights. Sears, Roebuck & Co., 274 NLRB 230 (1985); E. I. DuPont & Co., 289 NLRB 627 (1988).

On July 10, 2000, a sharply divided NLRB (3-2) reversed its prior decisions and ruled in Epilepsy Foundation that the language in NLRA § 7, on which Weingarten was based, was "equally applicable in circumstances where employees are not represented by a union, for in these circumstances the right to have a coworker present at an investigatory interview also greatly enhances the employees’ opportunities to act in concert to address their concern ‘that the employer does not initiate or continue a practice of imposing punishment unjustly.’ Thus, affording Weingarten rights to employees in these circumstances effectuates the policy that ‘Section 7 rights are enjoyed by all employees and are in no wise dependent on union representation for their implementation.’ Glomac Plastics, Inc., 234 NLRB 1309, 1311 (1978)." 331 NLRB No. 92, slip. op. at 3.

sorry a little more.

Having recognized the basic right of an employee to be accompanied by a co-worker, the NLRB will now be faced with a host of issues that it has addressed in the unionized context under Weingarten but has not resolved in non-union settings: (1) What role may the co-worker/observor play during the investigatory interview/conference? (2) Are there any limitations on whom the employee may select to accompany him/her or how long the employer must wait if the co-worker is not immediately available? (3) May an employee demand the presence of a co-worker when the sole purpose of the conference is to announce a disciplinary decision? (4) Does an employer have an affirmative obligation to inform its employees of this right? Others are certain to arise.
 
Yes, that is outdated.

Epilepsy Foundation was overruled in 2004 by IBM Corp., 341 NLRB 1288, which returned to earlier Board precedent and held that Weingarten Rights do not extend to employees who are not represented by a union.
 
Yes, that is outdated.

Epilepsy Foundation was overruled in 2004 by IBM Corp., 341 NLRB 1288, which returned to earlier Board precedent and held that Weingarten Rights do not extend to employees who are not represented by a union.

Ok my regrets ;)

All you west folks get answering machines...This is sad. :down:
 
Ok my regrets ;)

All you west folks get answering machines...This is sad. :down:
Forget the answering machines, bad move, get Caller ID! On an answering machine they can leave a message. No answering machine the phone can ring all day! Caller ID gives you the option on seeing who it is at first, and if their number is blocked, keep letting it ring. Or have the option that you do not accept blocked calls. I know people that have that on their line for various reasons. Its a Good feature. And never give them your cell phone, this way it will save you from using your minutes. Why waste minutes on them.
 
If they fire you by phone don't you still have your ID and SIDA ramp access badges? How can they then compel you, a fired worker, to come to bring them back to them?