Barnstable County Correctional Officers Union
Union Rights - WEINGARTEN RIGHTS
TODAY IS
Regional Interest
In an effort to keep you informed, we have assembled a list of important correspondence and documents here, arranged chronologically.
Bargaining Agreement
Download Our Current Contract
INSURANCE - BENEFITS
Links:
Bill Track 50
Senate and House - Current Session
Massachusetts Legislature
Union By-Laws
Download Union By-Laws
Union E-Mail
Union E-Mail Addresses
2023 Union Meeting - Allstate Insurance
2023 Union Meeting - Legal Team
Burke Law - Timothy Burke - Jordan Burke
781-455-0707
781-455-0707
If you are ever called into an interview meeting with administration so that they can investigate a situation which might result in discipline, you have specific representational rights. These rights are called Weingarten Rights and they are summarized below.
-You have the right to have a Union steward or union representative present.
You have the right to speak privately with your steward before the meeting and during the meeting.
Your steward has the right to play an active role in the meeting. She or he is not just witness.
-You have the right to have a Union steward or union representative present.
- If you want a steward there, you must ask for him or her.
- If you do not know why your manager wants to meet with you, ask him/her if it is a meeting that could result in a discipline.
- If your manager refuses to allow you to bring a steward, repeat your request in front of a witness. Do not refuse to attend the meeting, but do not answer any questions either.
You have the right to speak privately with your steward before the meeting and during the meeting.
Your steward has the right to play an active role in the meeting. She or he is not just witness.
Weingarten Statement
"If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my steward be present at the meeting. Without representation present, I choose not to respond to any questions or statements."
"If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my steward be present at the meeting. Without representation present, I choose not to respond to any questions or statements."
Union Rights - CARNEY RIGHTS—MASSACHUSETTS STATE LAW
In Carney v. City of Springfield (1988), the Massachusetts Supreme Court ruled that it was improper to discharge an officer without providing a promise of full "transactional immunity". Massachusetts is the only state that requires that a public employee be granted transactional immunity before being compelled to answer questions. "Transactional immunity" is different from "use immunity," which is guaranteed by your Garrity rights. Transactional immunity protects you from prosecution for the offense or offenses involved.
Carney "Right to Remain Silent" Statement
"Because I am accused of behavior that could form the basis of criminal action against me and/or my responses could tend to implicate me in a criminal action, I assert my right under Article 12 of the Mass. Declaration of Rights and Carney v. Springfield to remain silent without fear of retribution. I refuse to answer all questions unless and until I receive transactional immunity for all crimes that may arise from this investigation."
"Because I am accused of behavior that could form the basis of criminal action against me and/or my responses could tend to implicate me in a criminal action, I assert my right under Article 12 of the Mass. Declaration of Rights and Carney v. Springfield to remain silent without fear of retribution. I refuse to answer all questions unless and until I receive transactional immunity for all crimes that may arise from this investigation."