The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc.). These rights have become known as the Weingarten rights.

Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.

If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. The employer has no obligation to tell workers their rights, so employees must ask for union representation before or during the interview.

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- California Paid Family Leave:

Workers who participate in the State Disability Insurance program are entitled to a maximum of six weeks of partial pay each year while taking time off from work to:

- Bond with a newborn baby, adopted or foster child (both parents)

- Care for a seriously ill parent, child, spouse or registered domestic partner

Most workers will receive approximately 55% of their pre-taxed weekly wage, up to a maximum of $840, while on leave.

The Paid Family Leave Program is administered by the Sate of California Employment Development Department, a state agency, not the employer.

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- State Disability Insurance:

California State Disability Insurance (SDI) is a partial wage-replacement insurance plan for California workers. The SDI program is State-mandated, and funded through employee payroll deductions. SDI provides affordable, short-term benefits to eligible workers who suffer a loss of wages when they are unable to work due to a NON WORK-RELATED illness or injury, or a medically disabling condition from pregnancy or childbirth.

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- Americans with Disabilities Act:

The Americans with Disabilities Act is a civil rights bill giving individuals with disabilities protection from discrimination in employment and access to commercial facilities, transportation, communications, and state and local government services.

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- Discrimination:

The California Dept. of Fair Employment and Housing is to protect the people of California from unlawful discrimination in employment, housing and public accommodations, and from the perpetuation of acts of hate violence.

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-Wage and Hours Laws:

Check the State of California Industrial Welfare Commission website for information on wage and hour laws.

http://www.dir.ca.gov/iwc/wageorderindustries.htm

- Right to Join/Organize a Union:

Under Section 7 of the National Labor Relations Act

“Employees shall have the right to self- organiazation, to form, to join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aide or protection…”.

It is illegal for your employer to interfere with these rights. This law is enforced by the National Labor Relations Board.

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Members Only Benefits

- OPEIU Scholarships: (http://www.opeiu.org/frame.html)

- Union Privilege: (http://www.unionplus.org)

- Operating Engineers Credit Union: (http://www.oefcu.org)

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Office & Professional Employees Trust Funds (pension and health insurance)

Street Address: 1640 South Loop Road, Alameda, CA 94502

Mailing Address: P.O. Box 24160, Oakland, CA 94623

Participant Assistance: Andrea Carrington – 510/433-4470 option 9

Pension Department: Marsha Macklem – 510/433-4400 x 3265

Medical Claims Department: Ann Long – 510/433-4470 x 6604

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OPEIU (our international union): http://www.opeiu.org

California Labor Federation: http://www.calaborfed.org

San Francisco Labor Council: http://www.sflaborcouncil.org

Alameda County Labor Council: http://www.alamedalabor.org

Labor Project for Working Families: http://www.laborproject.org

AFL-CIO constituency groups:

A. Philip Randolph Institute: http://www.apri.org/

Asian Pacific American Labor Alliance: http://www.apalanet.org/

Coalition of Black Trade Unionists: http://www.cbtu.org/

Coalition of Labor Union Women: http://www.cluw.org/

Labor Council for Latin American Advancement: http://www.lclaa.org/

Pride at Work: http://www.prideatwork.org/

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California State Assembly: http://www.assembly.ca.gov/defaulttext.asp

California State Senate: http://www.senate.ca.gov

Governor Schwarzenegger’s website: http://www.governor.ca.gov/state/govsite/gov_homepage.jsp

Track legislation in California Assembly and Senate: http://www.leginfo.ca.gov

United States Senate: http://www.senate.gov/

United States House of Representatives: http://www.house.gov/

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- Workers’ Compensation (State of California) : http://www.dir.ca.gov/DWC/dwc_home_page.htm

- Cal OSHA (State of California occupational safety & health website): http://www.dir.ca.gov/dosh/EnforcementPage.htm

- California Employment Development Dept: http://www.edd.ca.gov

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United Way of the Bay Area: http://www.uwba.org/helplink/commservices.html

The United Way’s HELPLINK connects Bay Area residents to counseling, youth and family services, immigration programs, health care and temporary financial aid. It is an anonymous, free referral service.

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Powell’s Bookstore - union-organized on-line bookstore: http://www.powells.com/

AFL-CIO on-line union shop: http://unionshop.aflcio.org/shop/index.cfm

OPEIU clothing/jewelry/buttons: https://store.opeiu.org/index.php

No Sweat 100% Union Made Apparel: http://www.nosweatapparel.com/index.html

Members Only Benefits: http:www.unionplus.org/benefits/education/scholarships/up.cfm

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