URGENT
PLEASE PRINT POST and READ

Today one of our brothers received a Notice that he had not passed Captain Probation, and simultaneously received notification of demotion and reassignment.

We have received many calls about this incident and we write to the membership not on the merits or lack thereof on the action, which we completely and unequivocally oppose and will be handled confidentially and appropriately, but rather about how notification was handled.

This morning the Captain was told his crew would be taking the PM Assessment Engine out of jurisdiction and he was to remain behind and wait for the BC and AC who would be coming by to "talk" with him.

Long story short, they delivered the news with no Union Representative present, no human present to be there for the individual, no offer of peer support, counseling, help or any other protocol that would have been appropriate.

This occurred under the cover of a lazy Saturday morning with no notification to the Union as has happened for the last 22 years. Nothing other than a "pack your locker and pick your spot" speech. This for a 25 year, well respected, seasoned member of our department.

This is undoubtedly the worst ever inhumane much less anti-core valued handling of a matter of business in the last decade at least. While there are other examples, this action today is the final straw on the incompetent handling and total lack of accountability of the actions of management in procedurally how they are handling disciplinary issues.

In the past there would have been ample notification to the Union, and a very private business setting to deliver news as devastating as a major suspension, demotion or discharge. This was done in full view and sight of the station, the battalion, the division and ultimately the department.

We have received many, many calls in support of the brother this morning, and the brother has Union and legal representation to officially combat this railroad job orchestrated by the chiefs involved. Again, this is not about the case itself which will play out appropriately, but about the way our Fire Chief and the Chief Deputy of Operations and everyone in their chain of command who mishandled this issue. The Department may not care about an employee, who has to go home and explain to his/her family what just happened today, nor may they care about the mindset of the individual either, but we do. We have provided outreach and assistance for these critical items the Department chose to ignore also.

We are confident we will not only prevail on this case, but also this will prove to be a defining moment for the Executive Staff of this Department. There are no autobiographies, letters, promises, or words of intended action that provide cover for the actual work product and actions of the Chief Deputy of Operations and all Chiefs in the Chain of Command in this instance and we have elevated our concerns to the highest level possible, and we intend to call for a complete investigation and outside analysis of the handling of this member and the issue.

We must also take the time to call on the membership to be acutely aware of the fact that the Chief Officers who question you, request statements, informally or formally speak to you, e-mail or communicate in writing are NOT ACTING AS YOUR ADVOCATE.

If you are approached to discuss or communicate ANYTHING whether verbal or in writing, ask the question, "Could any discipline occur as a result of the communication”? If the answer is anything other than NO....STOP. Call a TIME OUT, invoke your Weingarten Rights and insist on Union Representation. Don't write, e-mail, or answer any more questions on the item or subject until you have help.

The actions taken today to coldly and callously deliver one of the heaviest blows an individual, much less a member of 25 years could receive, were among the top unconscionable, inhumane, non-core valued, total lack of leadership actions this great Department has ever seen, and it is not the first in the past year and a half.

While we will continue to work on the many very important items, serious in nature that require Labor and Management to work together, and we remain committed to solution based efforts including this case, the fact is this combined with the handling of a number of disciplinary issues has put a major strain on the Labor/Management relationship.

We will be meeting with the Fire Chief and third party authorities to see where we go from here, but one thing should be crystal clear, we are done, finished, cooked and will not tolerate this substandard treatment of our members. We are demanding a complete and full investigation and demand appropriate discipline of all Chief Officers involved even if we have to get resolve by outside entities.

We will keep you posted on the general issue of procedural treatment of our members and the resolve we seek. All other matters are confidential and will be handled as such with regard to details.

Thank you for your time and please share with your crews and read the manuals and the information we send on your rights and responsibilities, and when in doubt, contact us at the Union.

Some information to keep with you always:

WEINGARTEN RIGHTS CARD   

(If called to a meeting with management, read the following or present this card to management when the meeting begins.)

  
If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.

From Volume 2, Chapter 1, Section 6

III. POLICY

A. The Weingarten rights are given the following meaning by the Department: All employees, regardless of union membership, have the right to representation when they have a reasonable belief that discipline could be imposed against them based on the information that they are requested to provide.

IV. PROCEDURES

A. The right of representation allows the employee to have a representative present during an investigative interview or meeting with a supervisor or manager where the employee is expected to provide information that he/she reasonably believes might lead to his/her discipline. It also includes the employee's ability to seek advice and counsel in providing written information to a supervisor or manager. In all cases, however, the responses provided to the Department must be those of the employee and all written responses must bear the employee's signature.

C. To ensure observance of the right of representation, the Department established the following guidelines:

1. Investigative Interviews: When an employee is to be interviewed as part of a formal internal investigation, whether as the subject or as a witness, he/she must be given sufficient notice to arrange for the presence of a representative.
2. Meeting with Management: Before a manager meets with an employee to obtain factual or explanatory information regarding an incident wherein discipline to the employee could result, the employee must be advised that he/she has the right of representation.