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OUR RIGHTS AT WORK

At Doctors Council we provide many services to our members.  One of them is to advocate for and protect our doctors and our licenses, especially from evaluations, investigations and discipline.  We also protect the ability of doctors to document and speak out for safe staffing and case/workloads and quality and safe patient care.  We are stronger when we stick together and when we are aware of and utilize our legal rights.

The first step in protecting our rights at work and in solving problems is to contact your Doctors Council Representative and Contract Administrator. 

WEINGARTEN RIGHTS

Please be aware that if you or any of your colleagues are called into any investigatory meeting that you have what is known as Weingarten rights.  This legal principle entitles a union member who is called into any meeting with a supervisor that he or she reasonably believes may result in discipline to request to have union representation present.  This is your legal right to have representation at any investigatory meeting. 

We know that often doctors may prefer to handle issues themselves or to "keep things quiet," but please be advised that in our experience these meetings usually occur with administration and management personnel, such as human resources, or even perhaps the Inspector General, who have been trained and who have experience.  Any employee, including a doctor, may be nervous, feel alone and make statements or sign items that may then harm the doctor and be used against him or her.  Then the doctor calls the union and it may be too late or at the very least, we are forced to be reactive instead of being with and protecting the doctor and being proactive from the beginning. 

Having a union Representative present prevents management from giving a false account of your conversation, helps you avoid saying something that may lead to further discipline, and may also stop you from doing something you will regret.  A trained Representative can also raise issues that can help your case and protect you from intimidation tactics or confusing questions.  The bottom line is to know your legal rights and use them to protect your job and your license. 
 
Under a 1975 United States Supreme Court decision, NLRB v. J. Weingarten, Inc., the Supreme Court ruled that bargaining unit members represented by a recognized labor organization are entitled to certain legal protections and rights.  These rights are called WEINGARTEN RIGHTS.  These rights apply if you are called into a meeting with a supervisor which you reasonably believe will result in disciplinary action. 

As a member of Doctor Council, the following rights apply and are legally protected (you can not be disciplined for utilizing your WEINGARTEN RIGHTS).

Every employee, upon request, has the right to Union representation in any investigative interview for which he or she reasonably believes could be used as a basis for or that could lead to discipline.  The employer may but is not required under law (but may be required by our Union contract) to inform an employee of his/her legal right to Union representation.  Therefore, it is best to always request Union representation.  You may use the following statement if called into a meeting with administration, management, your supervisor or anyone that you believe may result in discipline:

If an employee requests Union representation, the employee has the right to:

1. remain silent at the interview meeting until Union representation is present;
2. consult with the Union Representative prior to the meeting with management; and
3. know the topic of the meeting/investigation.

 A Union Representative has the right to:

1. speak privately with an employee before an interview;
2. assist and counsel an employee during an interview;
3. interrupt an interview to clarify a question; and
4. provide information supporting an employee's case.

If an employee requests Union representation, management may:

1. stop the questioning and meeting until the representative arrives;
2. reschedule the interview; or
3. inform the employee that the interview will be rescheduled unless his or her right to a Union representative is waived (not a wise choice for the employee).

If management denies your request for union representation and continues the meeting, you can refuse to answer the questions. 
 
We encourage and strongly recommend that if any member finds himself or herself in a situation or meeting that he/she reasonably believes may result in discipline, that you immediately request your WEINGARTEN RIGHTS and contact Doctors Council at (212) 532-7690.

THE INSPECTOR GENERAL

Call the Doctors Council office at (212) 532-7690 immediately if you are approached by the Inspector General's office. This should be done before making any statements to the Inspector General.

You are entitled to protections if you are requested by representatives of the Inspector General to attend an interview which may lead to disciplinary action.  You can bring Union Representation.  Under Article IX, Section 19, of the Citywide Contract, you have the following rights:

 Advance Notice- you must be given at least two full day's written notice prior to an interview with the Office of the Inspector General unless exigent circumstances require otherwise. Check with Doctors Council before making any statements.

 A statement of the reason for the interview must be included in the notice, except in emergency or confidentiality situations.

 All employees have the right to have a union Representative or lawyer present with them during any meeting with any representative of the Inspector General's office and the employees must be informed of this right.

If all three of these conditions have not been met, you are not required to talk to the Inspector General. If any attempt is made by anyone to require you to do so without these three conditions being met, notify the Doctors Council office at once.

Your Statement to the Inspector General

If an Inspector General attempts to speak to you without fulfilling the three conditions listed above, you are not required to respond to any questions or discussion.

If you wish, you may state your position to the Inspector General with these words:

THE GRIEVANCE PROCESS

 All of our contracts provide for a grievance process.  A grievance is the procedure agreed to by our union and management to resolve a dispute over the contract.  Though each union contract has its own unique grievance process, there are many things common to all grievances.  The following are some tips on how to file a grievance:

Know your contract.  The first and most important step in protecting your rights is to know your contract.  This is your responsibility to read and review your contract.

Determine what Articles of the contract were violated.  Read your contract to determine whether your rights are actually being violated.

Contact your Union Representative.  Once you determine your rights under the contract are being violated, contact your Representative immediately and make them aware of the violation.  Remember your contract may have a specific time frame under which you are obligated to file a grievance, so do not put it off.

The investigation.  After you contact your Representative, he/she will look into the matter to ensure there is a violation.  You can assist and quicken this process by providing documentation, witnesses and other relevant information.

The grievance process.  Once it is determined that your contract rights were violated, your Contract Administrator will file a grievance.  After the grievance is filed, you and your Representative will meet with managers and move up the chain of command until the issue is resolved.

Arbitration.  If the grievance is not settled through the internal steps, then the Union may file for arbitration.  In arbitration, a neutral arbitrator hears the case and renders a legally binding decision.

It is the responsibility of the Representative and Contract Administrator to set up all meetings with management.  He/she will notify you of these meetings as your presence will be needed.

Remember, if after discussing your issue with the Representative you do not hear back, please call our Union office at telephone number 212-532-7690 and ask to speak with the Contract Administrator responsible for your area.

THE ASSIGNMENT DESPITE OBJECTION (ADO) FORM

We have an additional tool to protect our jobs and patients, and to improve working conditions: the * Assignment Despite Objection (ADO) form.  The purpose of the ADO form is to document staffing, patient care or workload problems. 

 When you are given an assignment that you reasonably believe to be inappropriate, unsafe for you or your patient, that jeopardizes quality and safe patient care, or that could put your license at risk, you may:

1. Complete and fill out an * ASSIGNMENT DESPITE OBJECTION (ADO) FORM, either before your shift or  on  your break.

2. Give the ADO form as soon as possible to your immediate supervisor and your Contract Administrator.  Keep a copy for yourself.

3. Our Union will review the situation to determine what appropriate steps should be taken to address and remedy the situation, including whether to refer the matter to the Patient Care Committee, file a grievance or contact a governmental regulatory agency.

By completing and filling out an * ADO form you are documenting a potentially dangerous or unsafe situation.  If enough doctors document similar concerns then management must act to correct the problem.  If management chooses not to, then we can take the documentation  to the proper regulatory agency, which will in turn force the facility or hospital to abide by applicable laws.

It should be noted that filling out an ADO form does not absolve you from your responsibilities under your license.  Further, filling out an ADO form does not give you the right to refuse your assignment.  Doing so may be considered insubordination and could subject you to discipline or even termination.

EMPLOYEE EVALUATIONS

On some occasions, doctors receive employee or performance evaluations that they may disagree with in whole or in part.  Many of our contracts contain language for a procedure whereby doctors can respond in writing and have the rebuttal placed along with the evaluation in the personnel file.  In addition, a doctor may be able to request a meeting to review the evaluation and bring union representation to the meeting.  Each contract may have very specific time limitations to respond in writing and/or to request a meeting.  Therefore it is important to immediately contact your union Representative and Contract Administrator, who can assist you in responding to the evaluation in writing and at the meeting. 

It is important to respond with specificity if you disagree with your evaluation.  These evaluations could potentially be used as supporting documentation for future disciplinary actions or in the recredentialling process, so your response at the time of the evaluation will carry more weight if it is submitted separately and not part of the larger argument against a disciplinary action at a later date. 

Please click here for a sample form entitled * "CRITERIA-BASED PERFORMANCE EVALUATION" that is an employee rebuttal form.  Note that this form is only for doctors employed by the Health and Hospitals Corporation (HHC).  If you are employed elsewhere, please contact Doctors Council.

* Note:
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