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| INJURED ON THE JOB | |
| WEINGARTEN RIGHTS | |
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AND SAVE THE POSTAL INSPECTORS AND YOU If questioned by a U.S. Postal Inspector or the Office of the Inspector General (OIG) about your conduct, even if you believe you are not guilty of any wrong-doing, it is suggested you do the following: 1. Remain calm. 2. Correctly identify yourself, if requested to do so; 3. Do not physically resist an arrest or a search of your person or property; 4. Read aloud to the Postal Inspector(s) the statement below. 5. Remain silent until you have consulted with your union representative or attorney, as appropriate. THIS IS NOT COMPLETE ADVICE. ALWAYS CONSULT WITH A LAWYER.
I request the presence of my union representative. If I am a
suspect in a criminal matter, please so advise me. If so, I wish to
contact my attorney. (His/Her) name is _____________________.
If I am under arrest, I
request you to so advise me and to inform me of the reason or reasons. I
will not resist an arrest.
I do not consent to a
search of my person or property. However, I will not physically resist
or obstruct such a search. If you have a search warrant, I request to
see it at this time.
I will cooperate with you
fully, but I do not waive any of my rights, including my right to remain
silent. I will not sign a waiver-of-rights form, nor admit or deny any
allegations, nor make any written or oral statement unless my attorney
and/or union representative are personally present and so advise me.
WEINGARTEN
RIGHTS
EMPLOYEE'S
RIGHT TO UNION REPRESENTATION
The rights of unionized employees to have present a union representative during investigatory interviews were announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251,88 LRRM 2689). 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 says, the employee has the right to request union representation. When the employee makes the request for a union representative to be present management has three options: (1) They can stop questioning until the representative arrives. (2) They can call off the interview or, (3) They can tell the employee that they will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the employee should always refuse.) Once you've asked for union representation, any attempt by management to continue asking questions before a union representative gets there is ILLEGAL. If supervisors pressure you by telling you that "you're only making things worse for yourself" by asking for union representation, that's against the law too. Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview. The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics. While the interview is in progress the representative cannot tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case. What to Say if Management Asks Questions That Could Lead to Discipline: " If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative, officer, or steward be present at the meeting. Without representation, I choose not to answer any questions." Know the limits: Just as it's important to know what your Weingarten rights are, it is also important to know the limits. You are not entitled to have a steward present every time a supervisor wants to talk to you. Remember, if the discussion begins to change into questioning that could lead to discipline, you have the right to ask for representation before the conversation goes any further. If you are called into the supervisor's office for an investigation, you can't refuse to go without your steward. All you can do is refuse to answer questions until your union representative (or steward) gets there and you've had a chance to talk things over.
Injured
on the Job? – Take Heed! Reprinted
from the DO
NOT SIGN – PS FORM 2488 Injured employees have many forms placed in front of them to sign. Most are standard DOL forms for OWCP. However we are receiving calls from members that the Injury Comp office is requesting update information from limited duty employees and includes PS Form 2488 in the package they send out. The DOL Vocational Rehab nurse is also presenting this optional from to employees. PS Form 2488 is a Postal, not OWCP form! It is authorization for medical report – for your lifetime medical history. Do not ever sign this form !!! It gives postal management authorization to dig through all your medical records from your birth to the present. The form is voluntary, NOT mandatory. BEWARE! Postal Management has no business knowing your private, unrelated medical history and they have no right to pry into your personal information. DO NOT ALLOW THEM ACCESS! If management or the rehab nurse tells an employee that they need to sign this form in order to process their claim, IT IS A LIE. As a matter of fact, you are not required to sign any form presented to you. Make sure you take time to read everyone of them. Information obtained from a PS Form 2488 may be used to deny claims and prompt workers comp fraud investigations by postal inspectors. Always read any form placed in front of you and insist on your rights under the law and our contract. If you have any concerns/questions, ask for a union steward. Injury
On-the-Job Information Reprinted
from Georgia Mailbag, September 2007 · An injured worker must have an injury to file a Form CA-1 or a CA-2. · COP is counted in calendar days · To file a claim for a traumatic injury, the injury must occur within a single workday or shift. · An injured worker is required to notify the attending physician of light or limited duty work available within their medical restrictions and to return to work as soon as possible. · An injured worker has the right to withdraw a claim under FECA. · A recurrence of injury filed on a Form CA-2A always requires a reference to a previous approved claim. · A claim for disability will be denied if the supporting medical evidence provided by a Chiropractor is for any diagnosis other than sublexation. · Mileage is paid for trips to the doctor and/or physical therapy for an Occupational Disease that has been approved by the OWCP at 37 ½ cents a mile. · Failure to appear for a medical exam ordered by the OWCP office could result in termination of benefits. · The OWCP office can require an injured worker to submit to a “fitness for duty exam” several times. · An injured worker is required to cooperate in the “Nurses Intervention Program” sponsored by the OWCP Office. · To be eligible for payment of medical bills, they must be submitted within one year that a claim is filed or the date the claim is accepted, whichever is later. · An injured worker cannot submit new evidence in support of their claim to the ECAB. |
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