Right to Organize

We Have the Right!

Our rights are protected by both state and federal law. As Academic Student Employees, we have the right to organize - which means you have the right to union membership and representation. You cannot be disciplined for becoming a member or getting involved with your union. We are here for you, and we have the law on our side. Take a look at some of these laws below.

Weingarten Rights - Right to Representation

Your Weingarten Rights, determined by the U.S. Supreme Court in 1975 (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689), protect your right to have union representation at any investigatory interview or management inquiry you reasonably believe may lead to disciplinary action.

If management wants to question or “interview” you, first:

Ask what is involved.
Ask if this might lead to you being disciplined.

If it may lead to disciplinary action:

Tell management that you want a union representative present.
Refuse to answer any questions until a union representative is present.
Refuse to allow any tape or any other electronic recording of the interview.

If management insists on proceeding with the interview without regard for your rights:

Make it clear that you are proceeding under protest.
Take careful notes.
Answer questions briefly, but honestly.

If you start the interview without union representation and become disturbed by the direction the interview is taking:

Stop the interview.
Request that a union representative be present before continuing.

In any case, reach out to us and we will represent you.

HEERA - Right to Organize

The Higher Education Employer-Employee Relations Act of 1979, or HEERA, extended the right to unionize to public higher education employees in California - that includes the UC system, the CSU system, and Hastings College of the Law.

This gave us the right to:

Organize (Sec. 3560, 3565)
Recognition as a union (Sec. 3574)
Exclusive representation (Sec. 3573)
Represent all members of our bargaining unit equally and fairly (Sec. 3578)
Classification as State Bargaining Unit 11 (Article 6)
Collective bargaining (Sec. 3560)
Meet and confer (Sec. 3570)
Grievances (Sec. 3567)
Arbitration (Sec. 3589)
Pay our hired organizers through release time (Sec. 3569)

HEERA also prohibits higher education employers to: "Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter" (Sec. 3571a) or "Deny to employee organizations rights guaranteed to them by this chapter" (Sec. 3571b).

If your employer is threatening or taking action against you for exercising your labor rights, let us know.

PEDD - Membership and Information

The Prohibition of Public Employers Deterring or Discouraging Union Membership (CA SB 285, Ch. 567, Statutes of 2017), or PEDD, protects your right to join UAW Local 4123.

In addition to HEERA, this law prohibits your employer from:

Discouraging union membership (Sec. 3550)
Mass communications about union membership without consulting us on its contents (Sec. 3553b)

If your employer is telling you not to join or sending out information about the union that seems wrong, let us know.

PECC - Communications

The Public Employee Communication Chapter (CA GOV Title 1 Ch. 11.5 and CA AB119 Ch. 21, Statutes of 2017), or PECC, protects our right as a union to communicate with members of our bargaining unit.

This includes:

informing you of your rights (Sec. 3555)
answering any questions you may have (Sec. 3555)
mandatory access to all new hire orientations with 10 days prior notification (Sec. 3556, also in Article 23 of our CBA)
new hire information and contact info every 30 days or first pay period (Sec. 3558)
list of bargaining unit members and contact info every 120 days (Sec. 3558)

Questions about your legal rights to union membership and representation? Ask us!