Court: Public workers have no right to union aid when disciplined

[Doondoo]

Public employees don't have the same union rights as private sector workers when facing possible disciplinary action, the New York's highest court ruled Tuesday.

The Court of Appeals said a 1975 U.S. Supreme Court decision giving private sector employees the right to have union assistance during "investigatory interviews" does not apply to public employees in New York because of differences between the National Labor Relations Act and the state law governing public employees, the Taylor Law.

The differences in the laws are "not mere random variations," Judge Robert Smith wrote for the majority in the 4-2 decision. He noted that subsequent bills in the Legislature show that lawmakers did not believe any such protections existed.

.......

"For the court to say a public employee is not entitled to union representation is really shocking in this day and age," said William Herbert, a lawyer with the public employee union CSEA. He said his organization may lobby legislators to change the law.

"Certainly in light of this decision, a legislative option is something that is on the table," he said. "It's something that needs to be examined carefully."



http://timesunion.com/AspStories/story.asp?storyID=564907&category=New%20York%20State&BCCode=&newsdate=2/21/2007

[Caution]

1. What a great idea. Strip more worker protections away from public sector jobs

Nothing like working to make sure that people don't want to serve in the public sector.

[hobbit709]

2. That's their idea

privatize everything

[LiberalFighter]

3. That is a problem. Public employees with unions don't have the same rights as private

It would seem that in today's time that at a least certain basic principles would be expected. Like being represented during the whole period of any disciplinary action including from the start involving investigory interviews.

It would be very easy for a supervisor/employer to interview an employee and cause that person to become angry. Which could be grounds to terminate or discipline that employee on that action. At least a union rep would be able to control the emotional aspect of the interview.

[Davis_X_Machina]

4. Did they overturn Weingarten? n/t