AFT Local 3782 has represented The Arc of Monmouth employees since 1978.  Our first contract was settled in April, 1979, after a 23-day strike – and we never had to walk a picket line since.  In the 1993 settlement, we gained Union Shop – every employee is a Union member and can take advantage of all the AFT Plus membership benefits listed in a brochure provided to members and available on AFT’s website (www.aft.org).  In addition, our Union automatically provides every employee with AFT’s Occupational Liability Insurance coverage at no cost.

The American Federation of Teachers represents public and private sector employees in education, health care, college and universities, and public service.  With over a million members, AFT is a powerful advocate for the rights of employees and the people they serve in all of these fields.

We are proud of what we have gained for our members over the years.  As the first organized ARC unit in New Jersey, we have led the way toward better salaries, benefits, and working conditions for all ARC staff throughout the state.

This current four-year contract is the tenth collective bargaining agreement we have negotiated with Arc management.  While we have had to make some small concessions on benefits in recent years, each contract has brought significant gains in employee rights, working conditions, and salaries.  We could not have done it alone – our members have always supported our efforts!

People often take their Union for granted and assume that “someone from the Union” will come in and help when needed.  But the Union isn’t something “out there” – it is all of us!  Every member needs to know the contract and insist that it be honored. 

When problems arise, contact your Union Rep or a Union officer promptly – don’t take any manager’s word for what the Union contract means.  Your Union officers can’t know what is happening at your worksite unless you tell them!

Help us help you by getting involved.  Volunteer to be a Union Rep or serve on a Union committee.  Only by standing together can we preserve the gains we have made.  In all the ways that matter, YOU ARE THE UNION!

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While every grievance begins as a complaint, all complaints do not become grievances.  In order to know what complaints can be processed as grievances, you will need to refer to the definition of a grievance in the collective bargaining agreement between the Federation of NJARC Staff and the Arc of Monmouth.  As you will see in “Article 9” of the contract, a grievance can arise from an alleged misinterpretation, misapplication or violation of the Agreement.

The purpose of the grievance procedure is to provide for the speedy, orderly and equitable resolution of disputes.

Inherent in the grievance procedure is the remedy sought which must be identified in order to make the grievant whole.  In selecting an appropriate remedy, it is important to keep in mind that the purpose of the remedy is restoration not retribution.  The remedy should be consistent with the collective bargaining agreement in order to protect the integrity of the contract.

If you feel that the conditions for a grievance have been met, please do the following:

1.    Carefully document all facts including dates and times pertaining to the grievance.
2.    Contact Jessie Merritt at The Work Opportunity Center (WOC)

Remember that there is a big difference between a gripe and a grievance.  A grievance is a formal challenge to the employer that the contract has been violated.

Fortunately, most problems can be settled informally without filing paperwork.  But it is imperative that you contact the local leadership as soon as possible when you feel you have a grievance.  There are strict timelines for the filing process, and they start the minute the violation takes place.

 

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Hello Local 3782 Union Members,

On Thursday, July 7, 2011, we held our membership meeting at our new location (a huge improvement over our former location and quite a bit less expensive). We provided food and beverages as well as an update regarding our recent meeting with management.

For those of you who could not attend the meeting, here’s a brief summary of what we discussed:

Recently, we were approached by management about the budget crunch and how the ARC of Monmouth would be affected by it. They asked us to consider concessions regarding compensation.

First they asked if we would consider putting off our raise for the fiscal year July 2011 – June 2012. Their alternative proposal was for a wage freeze and contract extension in the following year. After some discussion at our July 7th membership meeting, our reply to management was that after careful consideration, we do not believe our membership would vote to accept that.

We may continue to meet with management on this issue but rest assured that we will bring you the information on any concessions we feel have merit so that you can decide whether or not to accept them.

We thank those members who took the time (we realize not everyone had the ability to attend the meeting) to attend our July 7th meeting. We will try to meet again very soon.

Most of all, we thank you for your support and understanding. We will continue to work hard to protect and improve our contract in every way possible.

Jessie Merritt, President Local 3782 MORE

Please click on the Title above to download the H1N1 FAQs.

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Please click on the Title above to download the FAQs.

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One of the most vital functions of a Union is to prevent management from intimidating employees.  Nowhere is this more important than in closed-door meetings when supervisors attempt to coerce employees into a confession of wrongdoing.

The right of employees to have the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc.  Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as the Weingarten rights.

Unions should encourage workers to assert their Weingarten rights.  The presence of a union representative can help in many ways.  For example:

v     They can help a fearful or inarticulate employee explain what happened.

v     They can raise extenuating factors.

v     They can advise an employee against blindly denying everything, thereby giving the appearance of dishonesty and guilt.

v     They can help prevent an employee from making fatal admissions.

v     They can stop an employee from losing his or her temper, and perhaps getting fired for insubordination.

v     They can serve as a witness to prevent supervisors from giving a false account of the conversation.

WEINGARTEN RULES

Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, the following rules apply:

RULE 1:   The employee must make a clear request for union representation before or during the interview.  The employee cannot be punished for making this request.

RULE 2:   After the employee makes the request, the employer must choose from among three options.  The employer must either:

1. Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; or
2. Deny the request and end the interview immediately; or
3. Give the employee a choice of:

1.      having the interview without representation; or

2.      ending the interview.

RULE 3:   If the employer denies a request for union representation, and continues to ask questions, they have committed an unfair labor practice and the employee has a right to refuse to answer.  The employer may not discipline the employee for such a refusal.

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