Welcome to Office & Professional Employees International Union Local 3
Labor Laws and Your Rights
Health & Welfare (Trades & Trust members only)
| Office & Professional Employees Trust Funds | Participant Assistance: Kassandra Romero (510) 433-4470 ext 3153 |
| Street Address: 1640 South Loop Road, Alameda, CA 94502 | Participant Assistance: Joanie Anderson (510) 433-4470 ext 3144 |
| Mailing Address: P.O. Box 24160, Oakland, CA 94623 | Pension Department: Marsha Macklem (510) 433-4400 ext 3264 |
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.
Right to Join/Organize a Union
Under Section 7 of the National Labor Relations Act “Employees shall have the right to self- organization, 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.
Check the State of California Industrial Welfare Commission website for information on wage and hour laws.
State of California Workers' Compensation website
State of California Occupational Safety & Health website:Cal OSHA
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.
Federal law which provides employees up to 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons: the birth and care of the newborn child of the employee; placement with the employee of a son or daughter for adoption or foster care; caring for an immediate family member (spouse, child, or parent) with a serious health condition; or when the employee is unable to work because of a serious health condition.
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) or 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 State of California Employment Development Department, a state agency, not the employer.
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.
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.