FAQ
Most frequently asked questions and answers.
A union is a group of workers who join forces to have a say in their workplace. Unions help workers by giving them a stronger voice to negotiate with their employers on important issues like pay, benefits, safety, training, and other job-related matters. Besides this, unions also ensure that workers are treated fairly and respectfully by their employers. Union leaders are elected by the members, and unions operate democratically to serve the needs of their members.
When we come together as a union, we speak with one voice that can’t be ignored by anyone – not our bosses, not the people we serve, and not our elected officials at any level. So, if you feel passionate about making a positive difference in your community, joining a union might be the right choice.
Why join now? Some people blame public service workers for America’s problems. They say we earn too much, our benefits are too good, and we have too much political power. They cut our budgets and take away our pensions. They give our work to private companies that pay less money.
Public service workers play a crucial role in the American middle class. Together, we strive to ensure that all families have a good life and a chance to prosper. Your work is invaluable and your contribution is significant.
There are those who seek to outsource our work to private companies. They aim to strip us of our rights and dismantle the initiatives that strengthen and secure our communities. As public servants, individuals committed to supporting our families, and advocates for a robust middle class, we cannot allow this to transpire.
Yes. Workers who are union members earn 26.2 percent more than non-union workers. The average unionized Asian American and Pacific Islander worker in America earns three dollars per hour more than their non-unionized counterparts according to a report from the Center for Economic Policy and Research.
Union members play a crucial role in contract negotiations by voicing their concerns, priorities, and suggestions to the negotiation team. Members can submit proposals, attend meetings, and vote on the final agreement. Active member participation strengthens the union’s position at the bargaining table, ensuring that the final contract reflects the needs and desires of the entire membership.
If you believe your work environment is unsafe, immediately report the issue to your supervisor and union representative. Document the hazards and any conversations you have about the issue. Your union can help initiate an investigation and push for corrective actions to ensure a safe workplace. OSHA (Occupational Safety and Health Administration) guidelines may also apply, and the union can help you understand and assert your rights under these regulations.
If you’re experiencing harassment or discrimination at work, your union is here to support you. Members have access to several resources, including legal assistance, which can help you navigate the complexities of filing a complaint or lawsuit. The union may also provide access to counseling services, offering emotional support and advice during this difficult time. Additionally, union representatives can advocate on your behalf, ensuring that your concerns are addressed promptly and fairly. They can help you document incidents, file formal complaints, and negotiate with your employer to ensure a safe and respectful working environment. It’s crucial to report any issues to your union steward or representative as soon as possible so they can take the necessary steps to protect your rights.
Section 58 of the Unit 1 and Unit 10 contracts is a part of the Bill of Rights for the employees. It is designed to protect your rights and ensure that you are not unfairly treated by your employer. The section specifically mentions that no employee can be required to sign a statement of complaint that is filed against them. This is an important provision as it ensures that employees cannot be forced to sign statements that may be used against them at a later time.
In addition, the section discusses the procedures for investigating complaints. It outlines that in case of a complaint against the employee, the employer is obligated to conduct a detailed investigation to establish the truthfulness of the complaint. A thorough investigation is a crucial component in guaranteeing that employees are treated justly and that their rights are safeguarded.
The term “just and proper cause” refers to a level of employee misconduct that warrants disciplinary action, such as suspension or termination. Although there is no clear definition of this term in the contract, there are common guidelines established through numerous arbitration cases. The most widely-used guidelines are in the form of a seven-part test of questions created by Arbitrator Carroll Daugherty. To determine if just cause exists, all seven questions must be answered with a “Yes”. These questions include whether the employee was given forewarning of the consequences of their conduct, whether the company’s rule or order was reasonable, whether the company made an effort to discover if the employee actually violated a rule, whether the investigation was conducted fairly and objectively, whether there was substantial evidence of guilt, whether the company applied rules and penalties even-handedly, and whether the degree of discipline was reasonable based on the offense and the employee’s record. If an employee believes that disciplinary action was taken unjustly, they may file a grievance within a certain timeframe specified in the contract. It is important to note that employees should not simply accept discipline without question, and should file a grievance if they believe their rights have been violated.
To access your personnel file, you should refer to Section 17 of the Unit 1 and Unit 10 Agreements, which outlines your contractual rights relating to your file. It is recommended that you review your file periodically to ensure that all information is accurate and up-to-date.
According to Section 17.01 a. of the Agreements, you are allowed to examine your personnel file by appointment. Additionally, Section 17.01 b. states that upon request, you or your union representative are entitled to receive a copy of any material in the file.
Check your personnel file to see if there is any negative information that you are not aware of. According to section 17.02 a. of the agreements, any derogatory material about an employee cannot be placed in their personnel file unless they are provided with a copy of it. Additionally, section 17.02 b. states that the employee must be given an opportunity to submit explanatory remarks to be included in the file.
Look for and request the removal of any negative information that’s more than two years old. Section 17.03 of the Unit 1 and 10 Agreements allows for the destruction of derogatory material not relevant to an employee’s employment after two years, upon request by the employee and/or union.
Your union provides legal support to members facing work-related issues such as wrongful termination, discrimination, harassment, or violations of the collective bargaining agreement. This support may include access to union attorneys, assistance with filing complaints or lawsuits, and representation during disputes or arbitration. Your union is committed to protecting your legal rights and ensuring fair treatment in the workplace.
If you’re facing a layoff, your union can help ensure that your rights are protected and that you receive all the benefits and compensation you’re entitled to under your collective bargaining agreement. This may include severance pay, extended health benefits, and assistance with job placement or retraining programs. Your union can also help you understand any recall rights you may have, which could allow you to be rehired if positions become available in the future. Additionally, the union can negotiate with your employer to explore alternatives to layoffs, such as voluntary retirement incentives, reduced hours, or job sharing. If you are laid off, it’s important to contact your union representative immediately to discuss your situation and explore your options.
Yes, you are allowed to attend grievance meetings or investigate complaints during work time. According to Section 5.02 of the Unit 1 and 10 contracts, union stewards are recognized as participants in maintaining positive employee-employer working relations. Therefore, stewards are entitled to time off with pay during working hours to investigate complaints, resolve grievances, and ensure compliance with the Agreement in their respective work area or coverage as a steward.
Moreover, stewards can attend meetings between the Employer and the Union aimed at discussing and/or resolving complaints or grievances. In case the Employer is unable to arrange an on-site meeting, the Employer must provide transportation to and from the meeting.
As per Section 18 of the Unit 1 and Unit 10 agreement, you are entitled to a 10-minute break after every 2 hours of overtime work. Furthermore, Section 34.01 a.1. states that you will receive a meal allowance after completion of 2 hours of overtime work, and every 5 hours thereafter. The meal allowance differs for breakfast, lunch, and dinner. Additionally, Section 32.03 provides a night differential compensation for overtime work done between 6:00 pm and 6:00 am.
Members in Bargaining Units 1 and 10 have Temporary Hazard Pay in their contract (Section 30). However, during the Pandemic Emergency Gov Ige suspended union contracts. Now all Hawaii unions are fighting to get THP back pay for our members.
Our position is that the employer must honor the contract and pay the THP. We’re asking for the Most Severe Hazard Pay (25%) for all hours worked for all members, including retired or deceased. However, a settlement agreement or court-ordered arbitration will decide these cases.
Visit the THP Tracker to see the status of your jurisdiction’s claim: UPWHawaii.org/thp
No, your seniority will not be affected during the period of your authorized leave. Section 16.01 e. of the Unit 1 and Unit 10 Agreements states, “Authorized leaves of absence, with or without pay, shall not constitute a break in service and shall be creditable for computing continuous length of creditable service.”
Section 35.02 (a) Observance of Holidays of the Unit 1 and 10 contracts provides that employees whose workdays fall on Monday through Friday during the workweek in which a holiday occurs shall observe such holiday as follows:
| DAY HOLIDAY FALLS | DAY HOLIDAY OBSERVED |
|---|---|
Saturday Sunday Workday | Friday preceding Holiday Monday following Holiday Workday |
Section35.02 (b) of the contract provides that employees whose workdays fall on other than Monday through Friday during the workweek in which a holiday occurs shall observe such holiday as provided below:
| DAY HOLIDAY FALLS | DAY HOLIDAY OBSERVED |
|---|---|
Day Off Workday | First workday after the day off Workday |
According to section 37.14 of the Unit 1 and Unit 10 contracts, sick leave can be used instead of a vacation day if you become ill during your vacation if you can provide a physician’s note or satisfactory proof to your employer.
Yes, you are entitled to funeral leave with pay for a period of three (3) working days as per the Unit 1 and Unit 10 agreement, Section 41. This leave will not be deducted from any other leave. You can take this leave on any day of your choice, provided that it falls within a reasonable period after the death of your immediate family member.
Immediate family is defined as parents, brothers, sisters, spouses, children, parents-in-law, grandparents, grandchildren, or an individual who has become an immediate family member through the Hawaiian “Hanai” custom or step relationship.
If the death or funeral occurs outside the State of Hawaii, you are entitled to request a reasonable number of additional days of accumulated vacation leave or leave without pay.
Yes, you are entitled to receive mileage reimbursement in addition to your overtime pay. According to Sections 57.03 and 57.04 of Unit 10 Agreement and Sections 59.03 and 59.04 of Unit 1 Agreement, employees are allowed to claim mileage reimbursement for call-out work and overtime work on scheduled days off and holidays, except for employees whose normal work hours include a holiday. However, if you were on off duty status and called back to duty, and you continued to work into your scheduled workday, you won’t be eligible for mileage reimbursement.
For the filing of a Step-1 grievance, see Section 15.11 of the Unit 1 and Unit 10 contracts.
The Unit 1 and Unit 10 contracts state that if an employee believes there has been a violation of the contract, they may file a Step-1 grievance. This grievance must be filed in writing with the department head or their designee within 18 calendar days of the alleged violation. The term “after the occurrence of the alleged violation” is defined differently depending on the situation. For discharge, it is 18 calendar days after the effective date of the discharge. For suspension, it is 18 calendar days after the last day of the suspension. For other disciplinary actions, it is 18 calendar days after the effective date of the discipline. For other alleged violations, it is 18 calendar days after the alleged violation occurred unless the violation is continuing, in which case it is 18 calendar days after the alleged violation first became known to the employee or the union if the employee did not know of the alleged violation.
If the alleged violation is a payroll computational error, the grievance must be filed within 18 calendar days after it is discovered by the grieving party and/or the union. Section 15 of the Grievance Procedure provides additional timetables for the employer’s responses to a grievance and union step appeals in the grievance procedure. If a grievance is not filed timely as provided in Section 15, the employer does not need to consider it. However, deadlines may be extended by mutual agreement by the employer and union.
Section 15. Grievance Procedure provides for additional timetables for Employer’s responses to a grievance and Union step appeals in the grievance procedure. A grievance not filed timely as provided in Section 15 “need not be considered by the Employer.” However, deadlines may be extended by mutual agreement by the Employer and Union.
“To be made whole” is a phrase used by unions to refer to remedies for grievances related to back pay. This could include cases involving disciplinary action, improper denial of overtime or promotions, and other similar issues. Essentially, the term means that the grievant should be treated as if the improper action by management never occurred. This could involve restoring the grievant to their previous status before the action was taken, or treating them as though the correct action had been taken. When “to be made whole” is included in the remedy, and the grievance is upheld, the grievant is entitled to receive all back pay that is due, as well as any associated rights and benefits, such as seniority, vacation and sick leave, pension, and medical coverage.
The FMLA is a law that requires larger employers to provide employees with up to 12 weeks of job-protected unpaid leave for various reasons, such as caring for a sick family member or a new child. To be eligible, the employee must work for a business with 50 or more employees within a 75-mile radius, have worked for at least 12 months, and 1,250 hours within the last 12 months. The FMLA also provides additional protections for eligible employees.
Yes, retirees who sign up immediately after leaving work can pay a small fee to keep all their union benefits, such as the Mutual Aid Fund (MAF). Retirees who did not sign up immediately but decided to do so later can still enjoy some benefits. To learn more, please call the union.
Yes, your union often provides a variety of training and educational resources to help members develop their skills and advance their careers. This may include workshops on labor rights, leadership training, health and safety courses, and job-specific skills development. Your union also offers scholarships or financial assistance for members pursuing further education. Check with your union representative for specific programs that are available to you.
Getting involved in your union is a great way to make your voice heard and contribute to the betterment of your workplace. Start by attending union meetings, which are open to all members and provide a platform to discuss ongoing issues, upcoming negotiations, and other union matters. You can also volunteer for various events, join committees focused on specific areas like health and safety, or communications, and participate in campaigns or community outreach. If you’re interested in a leadership role, consider running for a position on the executive board or becoming a union steward. Your union representative can guide you through the process and inform you of any current openings or opportunities.