Know Your Rights
One of the Union’s main responsibilities is to help employees know and enforce their employment rights. These rights fall into two categories. Contractual rights include all the benefits and protections which employees have under the union contract, while legal rights include all other entitlements which employees have under the law.
A. Contractual Rights
You should refer to your union contract for specific information about your contractual rights. You may also wish to consult with a union officer or steward. As a general rule, contractual rights are enforced by the union through the grievance procedure. Grievances are typically handled by a steward or local officer.
Health benefits are among the rights provided in the union contract. You can get more information about your health insurance at your provider’s website:
· State Health Benefits Program: www.state.nj.us/treasury/pensions/shbp.htm
· AmeriHealth: www.amerihealth.com
· Aetna Inc.: www.aetna.com
· Horizon Blue Cross Blue Shield of NJ: www.horizon-bcbsnj.com
· Delta Dental Plan of NJ: www.deltadentalnj.com
B. Legal Rights
Although union officers and stewards are not lawyers and therefore can not provide legal advice, Local 1085 can and does provide extensive information about employment rights. In addition, union officials specialize in representing employees in civil service matters, even though this involves legal issues and procedures.
Occasionally an employee may need an attorney, especially if a case must go to court. If the union is providing representation in an employment-related matter, a union attorney will handle it. However, where the union is not involved, employees may need to get legal representation.
For Workers’ Compensation and other civil matters, members of Local 1085 may wish to retain the law firm of Stark & Stark, which maintains a South Jersey office in Cherry Hill. The firm can be contacted by calling attorney Robert Capuano at (856) 874-4443. The firm’s website is at www.stark-stark.com.
The following are some sources of information about the rights of public employees in New Jersey, as compiled by Local 1085:
Labor Relations. The rights of New Jersey public employees with respect to union representation and labor relations are set forth in the Employer-Employee Relations Act (EERA). This law is administered by the Public Employment Relations Commission (PERC). PERC’s website is at www.state.nj.us/perc.
Civil Service. Most public employees in New Jersey are subject to the Civil Service Act, which is administered by the state Department of Personnel (DOP). The DOP website includes job descriptions, test announcements, minutes of the Merit System Board, and a complete set of DOP rules. See www.state.nj.us/personnel.
Pensions. Most members of Local 1085 are covered by the state Public Employee Retirement System (PERS). All of New Jersey’s state pension systems are administered by the Division of Pensions & Benefits. Pension rules and procedures can be found at www.state.nj.us/treasury/pensions.
Family and Medical Leave. The rights of employees to take time off for medical or family needs are guaranteed by the Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (FLA). For information, click on Local 1085’s Guide to Family and Medical Leave Rights.
Disabled Workers. The main laws protecting disabled workers in New Jersey are the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (LAD). Both laws prohibit discrimination and require employers to make reasonable accommodations for disabled workers. The ADA is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), www.eeoc.gov. The LAD is enforced by the Division on Civil Rights, or DCR. See www.njcivilrights.com/law.html.
Other Anti-Discrimination Laws. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, or national origin. It is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). For more information, see www.eeoc.gov. The New Jersey Law Against Discrimination (LAD) prohibits discrimination based on race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, perceived disability, and AIDS and HIV status. See the Division on Civil Rights at www.njcivilrights.com/law.html.
Wage and Hour Laws. The Fair Labor Standards Act (FLSA) is the federal law which provides for minimum wages, overtime pay, and regulations on child labor. It is enforced by the U.S. Department of Labor (DOL). For more information, see www.dol.gov/dol/compliance/comp-flsa.htm. The state also has similar wage and hour laws.
Occupational Safety and Health. The federal Occupational Safety & Health Administration (OSHA) enforces workplace standards pursuant to the Occupational Safety and Health Act of 1970. See www.osha.gov. The state of New Jersey also enforces OSHA standards for public employees through the Public Employees' Occupational Safety and Health (PEOSH) Act. The two enforcement agencies are the Department of Labor & Workforce Development and the Department of Health & Senior Services. Find information about their PEOSH programs at www.state.nj.us/labor/lsse/lspeosh.html and www.state.nj.us/health/eoh/peoshweb.
Workers Compensation. The Workers Compensation Law provides payments to workers who are injured or made ill by their jobs. Information is available from the N.J. Division of Workers Compensation at www.nj.gov/labor/wc/wcindex.html.
Unemployment and Temporary Disability Insurance. These benefits are provided through the Division of Unemployment Insurance and the Division of Temporary Disability Insurance. Information is available on their web pages at www.nj.gov/labor/ui/uiindex.html and www.nj.gov/labor/tdi/tdiindex.html.
Constitutional Rights. The U.S. Constitution requires the government to honor certain basic rights, including freedom of speech, freedom of assembly, freedom of religion, freedom from unreasonable searches, privilege against self-incrimination, equal protection, and due process of law. Since public employees work directly for the government, these constitutional guarantees often translate into employment rights. A fairly comprehensive summary of constitutional law may be found in a government publication entitled Analysis and Interpretation of the Constitution. It is available online at www.gpoaccess.gov/constitution/browse.html.
