Wisconsin State Employees Union
Stewards' Corner: September 1, 2005

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Stewards' Corner: September 1, 2005

Your Personnel File Rights 
through your WSEU Union Contract

Family & Medical Leave

The Americans with Disabilities Act

Labor's Language

Your Personnel File Rights 
through your WSEU Union Contract

You have the right to:

1. Request in writing to review your personnel file(s);

2. Review the personnel file(s) within a reasonable period of time;

3. Review any material in your personnel file(s) that is not confidential pre-employment information;

4. Have you Union Steward review your personnel file(s) for you;

5. Have your Union Steward review your personnel file(s) with you;

6. Have immediately presented to you, a copy of any material placed in your personnel file(s) which may affect your present job performance evaluation;

7. Have a copy of any material in your personnel file(s) that is not confidential pre-employment information;

8. Request in writing that all "records of work rule violations which did not involve criminal violations" be removed from your personnel file(s) "if there are no other violations within twelve months after the violation," and returned to you.

~Click here for a PDF document with this information~

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Family & Medical Leave

  Wisconsin Federal
Purpose Balance workplace demands with family needs, to promote family stability and economic security, and to preserve the integrity of the family.
Employers Covered All public agencies

All businesses with 50 or more workers in 6 of last 12 months

 All public agencies

All businesses with 50 or more workers in 20 weeks of current or previous year
Employees Covered Worked at least 1,000 hours in last 52 weeks.

Worked at least 52 consecutive weeks

 Worked at least 1,250 hours in last 52 weeks.

Worked at least 52 weeks.
Length of Leave 6 weeks per year for birth or adoption (family leave)

2 weeks per year to care for a parent, spouse, or child with a serious health condition (family leave)

2 weeks per year for an employee's own serious health condition (medical leave)

 12 weeks per year in total for:

birth or adoption; or

to care for an employee's own serious health condition or that of a parent, spouse, or child

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The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against people with disabilities in employment, public services, public and private transportation, public accommodations, and telecommunications services.

Who are persons with disabilities?

A person with a disability is anyone who:

Current users of illegal drugs are not protected.  Individuals who are enrolled or who have completed drug or alcohol rehabilitation programs are protected.

How does the ada affect employment?

The ADA bans employment discrimination against a qualified individual with a disability who, with or without a reasonable accommodation, can perform the essential functions of a job that he or she holds or desires.  An employer does not have to provide a reasonable accommodation if doing so would impose an undue hardship on the employer’s operation.

What is a reasonable accommodation?

Reasonable accommodation means making modifications or adjustments to a job application process or work environment that makes it readily accessible and usable by people with disabilities.  Examples are buying new equipment, modifying work schedules, reallocation of marginal job functions, altering a worksite, restructuring jobs, assigning a person to a vacant position, or providing interpreters.

What is an undue hardship?

Undue hardship means a significant difficulty or expense that would be unduly disruptive to the employer.  Considerations include the nature and cost of the accommodation; the overall size and financial resources of the facility; the employer’s overall operation, including the composition, structure, and functions of its workforce; the geographic, administrative, and fiscal relationship between the facility and the employer or any parent organization; and the nature and cost of the needed accommodation.

What is the role of collective bargaining agreements?

Collective bargaining agreements can be taken into consideration when making a reasonable accommodation or when deciding whether an accommodation will cause undue hardship.

How are the essential functions of a job determined?

The employer can decide what the essential functions are.  However, other considerations include written job description and experience of past and current incumbents.

Specifically, the ada prohibits:

Which employers need to comply?

All employers and labor unions as defined under Title VII of the Civil Rights Act of 1964.  Any amendments to the Civil Rights Act., such as jury trials or punitive damages, will automatically apply to the ADA.

Employers with 25 or more employee must comply as of July 26, 1992.

Employers with 15 or more employees have until July 26, 1994.

State and local government employers must comply with the law as of January 26, 1992.

Are there any other important employment provisions?

Employers may transfer food handlers with infectious diseases to non-food handling jobs if the danger cannot be eliminated with a reasonable accommodation.

The ADA does not supersede any state or local law that provides greater protections than the ADA.

What are places of public accommodations?

Public accommodations include, but are not limited to, places of lodging; restaurants and bars; gathering places such as auditoriums, movie theaters, and convention centers; service establishments such as Laundromats, banks, doctors’, lawyers’, and other professionals’ offices; retail sales establishments such as bakeries, groceries, clothing stores; and places of education such as nurseries and private schools.  Commercial facilities (office buildings) are also covered.

All public accommodations and commercial facilities must remove existing structural, architectural, and communications barriers in existing facilities when such removal is readily achievable.  There is no specific definition of readily achievable.  Considerations include the nature and cost of the modification, and the size, financial resources, and type of business.

Builders of new public accommodations and commercial facilities designed for first occupancy after January 1993 must comply with detailed design and construction requirements.  Renovations must comply with the architectural guidelines.

If removing a barrier is not readily achievable, then the accommodation must provide the goods or service through alternative methods.

How does the ada affect transportation?

The ADA prohibits discrimination against individuals with disabilities in the provision of public transportation.  Buses, trains, and stations must become accessible to, and usable by, people with disabilities, including those who use wheelchairs.

The date for compliance varies for public and private transportation systems and for existing or new stations and equipment.  By July 26, 1995, rapid, light rail, inter-city, and commuter rail services must have at least one car accessible to individuals with disabilities.

How does the law affect telecommunications?

The ADA require for universal telephone coverage for everyone, including individuals with speech or hearing impairments.  By July 26, 1993, telephone companies must provide telephone relay services between telephone devices for the deaf (TDD’s) and regular telephone users.  Television public service announcements paid for with federal funds shall be captioned.

Who enforces the ada?

The following Federal government agencies will enforce specific parts of the ADA:

 Employment:  Equal Employment Opportunity Commission

State and Local Government Services and Public Accommodation: Department of Justice

Transportation:  Department of Transportation

Telecommunications:  Federal Communications Commission

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Labor's Language

Affirmative order Command issued by a labor relations board requiring the persons found to have engaged in unfair labor practices to take such steps as will, so far as possible, undo the effect of such practices (often called a Cease and Desist Order).
Arbitration A way of settling labor-management disputes by calling in a third party whose decision is final and binding.
Bargaining unit A group of employees who bargain collectively with the same employer where the union has been recognized by the employer.  The bargaining unit is usually certified through a legal process before state or federal labor boards.
Boycott A method of collective pressure against an employer to discourage the public from buying his/her products or services.
Card Check Comparison of union authorization cards signed by employees against employer's payroll to determine extent of union support by employees.
Certification Official designation of a labor organization entitled to bargain as exclusive representative of employees in an appropriate bargaining unit.
Check-off A clause in the union contract authorizing the employer to deduct union dues (and/or PEOPLE deductions for political action) from members' paychecks and transfer them to the union (or to the PEOPLE fund).
Closed shop An employer who hires and employs union members only.  The closed shop is illegal under the Taft-Hartley Act.
Collective bargaining The way of determining wages, hours, and other conditions of employment through direct negotiations between the union and employer.  Normally, the result of collective bargaining is a written contract which covers all employees in the bargaining unit, union members, and non-members
Collective bargaining agreement A written contract arrived at through negotiation between employer and a union which sets the conditions of employment (wages, fringe benefits, working conditions, etc) and the procedures used in settling disputes.
Company union A union organized, dominated, and financed by the employer, giving workers no real protection while keeping them from organizing a real union.  Outlawed as an unfair labor practice.
Consensus bargaining Bargaining using issues, not fixed positions, to reach agreement.  Special training is needed for this to work effectively.
Concerted activities Activities undertaken jointly by employees for the purpose of union organization, collective bargaining, or other mutual aid or protection.
Confidential employee One whose responsibilities or knowledge in connection with the labor-management issued involved in collective bargaining, grievance handling, or the content of the union-management discussion would make his/her membership in the union incompatible with his/her official duties.  Such individuals usually are staff employees reporting to and accountable to those in management responsible for conduct of union-management discussion, especially those relating to wages, hours, and/or working conditions of union-represented employees.
Consent decree Court order entered with the consent of the parties
Contract-bar rules Policies followed in determining when an existing agreement between an employer and a union will bar a representation election sought by a union or others attempting to unseat an incumbent employee representative.
Cost-of-living index The commonly used name for the Consumer's Price Index, which is prepared by the UW Bureau of Labor Statistics.  This index shows, from month to month and year to year, the changes in prices of a number of items, which it is assumed that most families buy (food, clothing, rent, furniture, etc).  This price index is, therefore, a rough measure of changes in the cost of living.
Discrimination Unequal treatment of workers because of race, religion, political beliefs, nationality, sex, or union membership.  Discrimination may occur in hiring, types of jobs given, rates of pay, promotion, layoffs, or other actions.
Election Balloting by employees for the purpose of choosing a bargaining agent or unseating one previously recognized.
Escalator clause Clause in the union contract which provides for increases or decreases in wages as the cost of living goes up or down.  The Cost of Living Index of the US Bureau of Labor Statistics is usually used to measure these changes.
Fact finding Placing disputed labor issues before a person or group for non-binding recommendations.  These non-binding recommendations then are submitted to the negotiating parties for further bargaining.  Fact finding is sometimes called advisory arbitration.
Fair share A provision of a collective bargaining agreement stating that non-union members in the bargaining union must pay the union a sum equal to union dues and fees as a condition of continuing employment.  Union membership is not required, but a servicing fee is paid in lieu of union dues.  Sometimes referred to as an "agency shop" agreement.
Fringe benefits All non-wage benefits in the union contract, such as paid holidays, paid vacations, insurance and pensions which are paid in part or in whole by the employer.
Good faith bargaining Sending a person to the bargaining table who is authorized to speak on behalf and agree on behalf of the employer to an agreement arrived at through the bargaining process.  The mutual obligation to meet at reasonable times and confer in good faith with respect to wages, hours, and working conditions.  Neither side must agree to a proposal or make a concession.
Grievance A statement of dissatisfaction, usually by an individual, but sometimes by the union or group of employees, concerning interpretation of a collective bargaining agreement or traditional work practices.  The grievance machinery (i.e., the method of dealing with individual grievances) is nearly always spelled out in the union contract.  If a grievance cannot be handled at the shop level (where most of them are settled) and the grievance arises out of an interpretation of the contract, is should be resolved by arbitration or group action.
Injunctions A court order restraining individuals or groups from committing acts which the court determines will do irreparable harm.  A favorite device used to prevent strikes.  Injunctions can be successfully resisted by labor solidarity and should never be honored if they are used to break a strike.
Just cause This standard has come to denote a variety of "due process" safeguards to assure that there is good and sufficient reason for imposition of discipline in any given case.  Burden of proof of the offense falls on the employer.  There are seven tests of just cause: notice, reasonable work rules, investigation before discipline, fair investigation, proof, equal treatment, and penalty fits crime.
Lockout The denial of employment by the employer to his/her workers during a labor dispute for the purpose of forcing the union to settle on his/her terms.
Maintenance of membership A union security provision in a contract which says that a worker who voluntarily joins the union must remain a member until the end of the contract.
Mediation Efforts by a third party to get the union and management to agree when there is a dispute.  The conciliator or mediator acts as a go-between of both sides and tries to find a basis on which the union and the employer can work things out.  A mediator can only recommend a settlement, not compel one.
Mediation/arbitration A process involving mediation, the arbitration, or a labor contract in collective bargaining, used especially where parties cannot agree to a new contract.  This is a form of interest arbitration whereby both parties submit final bargaining offers, and allow for mediation, then final arbitration of the disputed contract issues.
Minimum wage The lowest rate of pay an employer is permitted to pay by law or the union contract.  This term is mostly used in reference to the federal wage and hour law (Fair Labor Standards Act).
Modified union shop A union security provision in a contract which requires all new employees to join the union and required workers already employed, who are union members, to remain in the union.  The modified unions shop is a combination of maintenance of members for already employed workers and union shop for new workers.
Open shop A working environment where the employer's policy is to not recognize a union.  The term sometimes refers to a place where union membership is not a condition of employment, such as in a "right to work" state.
Professional employee One whose work is predominantly intellectual and varied in character, required exercise of discretion and judgment and knowledge of an advanced nature customarily acquired at an institution of higher learning, and is of such character that the output or result accomplished cannot be standardized in relationship to a give period of time.  It is recognized generally that professionals are entitled to separate bargaining units unless they elect to be represented in the same unit as non-professional employees.
Real wages Earnings expressed in terms of buying power of the dollar.  Buying power is the amount of goods or services which current money wages can buy.  One measure of buying power is the consumer price index.
Recognition Formal acknowledgement by an employer that a particular organization has the right to represent employees.  Exclusive recognition, where permitted, is accorded and organization supported by a majority of employees in an appropriate bargaining unit and carries with it the sole right to represent all unit employees, members, and non-members in dealings with management.
"Right-to-Work" laws The term has been used by opponents of unions to describe state laws banning the union shop and other maintenance of membership provisions.
Seniority A worker's length of service with an employer.  Seniority often determines layoffs, promotions, recalls, or transfers.  Seniority may be established for various units or departments, such as an individual craft, department, or entire plant or geographic area.
Severance pay (a.k.a. dismissal, termination, or separation pay) Payment by the employer to a worker who is laid off permanently through no fault of his/her own.
Sick leave benefits Weekly benefits paid a worker while he/she is out sick.  Sick pay may be provided under the union contract or, in some states, by state law.
Socialism The collective democratic ownership of the factories and means of production for the good of all.  Workers and farmers control the society, the employers of managers are elected.
Speed-up and stretch-out An increase in the amount of work an employee is expected to complete without an increase in pay.  The speed of the machines my be increased (speed-up) or a worker may be required to do a greater amount of work.
Strike The concerted withholding of labor power by working people.  The greatest weapon of labor, if used wisely.
Strikebreaker or scab A person who continues to work or who accepts employment while the workers are on strike.  A scab is a traitor to the union, country, and fellow workers.
Subcontracting/contracting out Practice of employer having work performed by an outside contractor and not by regular employees in the unit.  Sometimes referred to as privatization in the public sector where a private firm takes over a public service.
Time and motion study A method of determining the time required and the motions involved in the performance of a job.  The purpose of time and motion study is to establish standards of performance upon which rates of pay and production are based.  These are subject to collective bargaining.  Often union representatives, specially trained, participate in time and motion studies in order to prevent their abuse.
Union label or card A stamp or tag on a product or card in a store or shop to show that the work is done by union labor.
Union security A clause in the contract providing for the union shop, modified union shop, maintenance of membership clause, or agency shop.  The check-off can also be regarded as a form of union security.
Union shop A place in which every worker covered by the contract must become a member of the union.  New workers need not be union members to be hired, but must join after a certain number of days.
Unit clarification or modification A change in the original composition of the bargaining unit through amendment to certification, consolidation, and accretion.  Unit clarification is a procedure for eliminating or adding certain employees to existing bargaining units.  Accretion assimilates employees in positions created after certification into an existing unit.  Amendments to certification allow the exclusive representative to reflect name changes or affiliation.  Consolidation is a means for overcoming fragmentation of a unit; a combination of existing units into one comprehensive unit.
Vested rights Rights of a financial nature, such as an individual's stake in a pension plan, which are available after a stated period (usually 5, 10, or 15 years).  The vested sum is irrevocably the individual's regardless of his/her quitting employment before becoming eligible, in the example of a pension plan, for retirement.
Win-win bargaining See consensus bargaining
Work-to-rule A form of work slow-down where all rules at work are followed to the letter and extra voluntary work is declined by the employees.
Zipper clause A clause in the labor agreement to denote the waiver of the right of either party to require the other to bargain on any matter not covered in an agreement during the life of the contract.  This limits the terms and conditions of employment to those set forth in the contract.