Whistleblower protection in the United States: Difference between revisions

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Whistleblower Protection provides freedom of speech for workers and contractors in certain situations. Laws, like the Ethics in Government Act, cannot be enforced if free speech is not protected for individuals that report corruption or crime in the workplace. The difficulty with free speech is that work-related information associated with Classified information in the United States can have a negative impact on national security and United States public debt. A Non-disclosure agreement creates similar conflicts in private business.

Federal workers are entitled to financial benefits, so a whistle-blower action should include a beneficial suggestion to reserve the right to potential financial compensation for job-related improvement suggestions.

Private companies and non-profit organizations benefit when whistle-blower protection is included in company policies and bylaws. Fines, penalties, and lawsuits may be avoided when immunity is granted to any employee that notifies an owner or member of the board of directors when other employees or managers become involved in unethical or illegal activity on behalf of the organization.

Workers must assert their rights to obtain any kind of protection.

Some basic law is needed to understand how to perform a whistle-blower disclosure.

Law

References to laws provided here are just an overview. A lawyer should be consulted to provide the skills necessary to deal with any concerns related to law. Some assistance can be found at the following locations.

Law falls into two broad categories.

Public Law

Public law consists of constitutional law, administrative law and criminal law.

The U.S. Office of Independent Council provides training.

Constitutional Law

Constitutional law is the body of law generally composed of the constitution (state and federal) as well as any laws established by the executive and legislative branches of government composed of president, governors, representatives, and senators.

Constitutions law is modified by common law through the judicial process.

False Claims Act

The original issue associated with this the False Claims Act involved defective cannons that would blow up and kill people during the Civil War. The first contractor audit services were established shortly afterward. Defense Contract Administration Service was established in 1956 to consolidate resources. Most of this has been reorganized under Defense Logistics Agency.

Fraud still occurs despite this oversight.

Private citizens purse whistle-blower actions under the False Claims Act when these safeguards fail.

The False Claims Act (aka: the Lincoln Law) offers compensation and limited protection for workers that provide tips about defective products and services delivered to the U.S. government. This prohibits firing the employee that provided the tip and provides some financial compensation to the employee responsible for the tip. Statute of limitations may span 6 years.

The False Claims Act provides civil remedies for non-government workers. Qui tam is a provision under the False Claims Act that allows private individuals to sue on behalf of the government. Separate remedies are available for government workers.

The Taxpayers Action Fraud Education Fund provides access to educational resources.

Disability Retirement

Employees that have become disabled should consider disability retirement. This may be included in the company retirement plan, or it may be covered by a government agency.

Civil Service Reform Act of 1978

Government workers that experience retaliation as a result of whistle-blower retaliation must purse defense against those actions under the authority of the Civil Service Reform Act. This establishes the following organizations to manage the federal workforce within the executive branch of government. This covers most of the 3 million federal workers within the United States.

The MSPB is a quasi-judicial organization with enforcement authority for prohibited personnel actions. MSPB is also responsible for reimbursing legal fees in some situations.

Electronic Appeal

Issues that involve discrimination and harassment are pursued by the Equal Employment Opportunity Commission. This may include failure to accommodate disability in addition to more obvious situations that may involve gender or race.

Other remedies may be available if a federal worker is unable to return to work. Employees with over 5 years government service may be eligible for early retirement if medical records support a finding of disability not accommodated in accordance with the Rehabilitation Act of 1973. Retirement rules are listed in the OPM Retirement Settlement Guide. Early retirement due to medical disability affects about 100,000 federal workers every year, and there are two retirement systems.

The FLRA is an independent administrative federal agency covering certain collective bargaining rights (unions). Postal employee collective bargaining is covered by the Postal Reorganization Act under the United States Postal Service.

Ethics in Government Act

The U.S. Office of Government Ethics is the supervising ethics office for the executive branch.

Supervising ethics offices for other branches of government are as follows.

The Ethics in Government Act provides three protections that apply to whistle-blowers.

Mandatory, public disclosure of financial and employment history of public officials and their immediate family.
Restrictions on lobbying efforts by public officials for a set period of time after leaving public office.
Creates the U.S. Office of Independent Counsel (OIC) to investigate government officials.

The U.S. (OIC) deals with ethics rules that cover all government employees and the OIC is responsible for documenting the whistle-blower process.

One whistle-blower caution is that political activity is prohibited by government employees. Whistle-blower contact with elected or appointed officials must include no references to political support, political opposition, and campaigns.

The other caution is that whistle-blowers that must leave government employment have time limits that prohibit employment by entities where the government employee was responsible for any contractual interactions, The former government employee may be prohibited from interacting in an official capacity directly with former coworkers still employed by the government.

Lloyd–La Follette Act

The Lloyd–La Follette Act states that "the right of employees ... to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied." This legislation prohibits payroll compensation for managers that retaliate against employees that attempt to provide whistle-blower disclosure (pay to the manager is suspended).

The intent is to provide direct feedback to Congress from federal employees, most of whom work within the executive branch.

This does not provide protections for employees that violate disclosure rules associated with unauthorized classified information disclosure and other types of unauthorized public disclosure associated with issues like law enforcement investigation and juvenile records. Unauthorized disclosures of classified information is prohibited, so job-specific issues should be disclosed to the appropriate legislative committee, where members should hold the appropriate clearance.

As a general rule, Lloyd-La Follette disclosures should cover a topic that will benefit the government if the issue could be resolved by congressional involvement when the resolution would not be supported as a beneficial suggestion and would be opposed by management.

Some congressional contacts are as follows.

Whistleblower Protection Act

The Whistleblower Protection Act supposedly protects government employees from management retaliation, but the Supreme Court has ruled this protection only applies to government workers when the disclosure is not directly related to the job.

This is the first protection made available to protect free speech rights for federal workers that can otherwise be fired for reporting corruption.

While not necessarily protected by the Whistleblower Protection Act, private employers should be prohibited from firing workers after the worker has disclosed criminal activity to organizations like OSHA, EPA, SEC, FBI, or other similar organizations (False Claims Act).

Whistleblower Protection does not always protect federal workers. The Supreme Court ruling excludes whistle-blower actions covered in the job description for federal workers. Job related issues must go through the hierarchy of the organization. When that fails, the issue must be brought to the attention of MSPB, EEOC, or OPM if it impacts employment. Unclassified issues not directly related to the job that do not have a negative impact on national security or law enforcement may be suitable for public disclosure. Public disclosure would obviously cover things like sexual harassment, racism, stalking, slander, and pesticide exposure if you are not employed as an exterminator.

Issues that impact the organization beyond the employee should be disclosed to one the following.

Crimes involving public transportation or federal employees should be disclosed to the Inspector General for Department of Transportation.

Inspector General DoT

No FEAR Act

The No Fear Act discourages federal managers and supervisors from engaging in unlawful discrimination and retaliation. The main purpose is to pay awards for discrimination and retaliation violations out of the agency budget. Employer obligations under the No FEAR Act are as follows (requires annual training).

Notify employees and applicants for employment about their rights under the discrimination and whistleblower laws
Post statistical data relating to Federal sector equal employment opportunity complaints on its public website
Ensure that managers have training in the management of a diverse workforce, early and alternative conflict resolution, and essential communications skills
Conduct studies on the trends and causes of complaints of discrimination
Implement new measures to improve the complaint process and the work environment
Initiate timely and appropriate discipline against employees who engage in misconduct related to discrimination or reprisal
Reimburse the Judgment Fund for any discrimination and whistleblower related settlements or judgments that reach in Federal court
Produce annual reports of status and progress to Congress, the Attorney General and the U.S. Equal Employment Commission

Sarbanes-Oxley Act

The Sarbanes-Oxley Act establishes mandatory whistle-blower disclosures under certain circumstances with criminal penalties if mandated reporters fail to disclose. This requires registration and accurate reporting for funding instruments, like stocks and bonds used to finance private industry. Some corporate officers are required to report irregularities (mandated reporters).

Whistle-blower disclosures involving securities and finance should be made to the Securities and Exchange Commission, the state attorney general, or the local District attorney.

Freedom of Information Act

The Freedom of Information Act can provide access to information required to pursue a whistle-blower action.

As an example, the use of hazardous chemicals must be disclosed to employees, such as pesticides. Injury due to hazardous chemical exposure, radiation, and other hazards permanently disable 100,000 federal workers each year. Notification of hazardous chemical exposure is also required by Right to know. FIFRA requires pest control professionals to maintain records for at least 2 years, and records maintained by government employees and contractors must be made available to the public upon request.

Federal employers, like Department of Defense, are self-policing and not subject to oversight by OSHA and EPA. Managers operating outside OSHA and EPA lack education and training so lack competency required to avoid workplace injuries.

Right to know is necessary for workplace safety involving things like chemical injury, radiation injury and other occupational illnesses where the cause may not be discovered by physicians without disclosures that are required by law. Workplace hazards must be prominently displayed and public hazards must be disclose to state and county agencies.

A FOIA request is the most valuable law that supports Whistleblower actions when a Right to know violation has occurred. This kind of request cannot be made anonymously and fees may be required. There may be an advantage if the request is made through an unrelated individual, such as a union official or another member of the community.

Right to know is just one example of many reasons why an FOIA request may be needed to pursue a whistle-blower action.

FOIA requests begin at the following sites.

Administrative Law

Over 90% of federal government workers are employed within the executive branch, so are covered by Executive Orders.

Organizations within the executive branch usually provide simplified information to clarify public law for managers and workers.

SECNAVINST 5370.7C: Military Whistleblower Reprisal Protection

Individuals that have a mandate to uphold law and public policy include the following.

Other organizations that provide similar information are as follows.

Senior officers that fail to act on information regarding crime or incompetence are subject to permanent reduction in rank or court martial so must act on Whistleblower information. Civilians that occupy senior pay grades have similar requirements and restrictions.

States are organized in much the same way, and executive orders are issued by governors.

Criminal Law

Criminal penalties exist within the Sarbanes-Oxley Act.

Financial irregularities involving Misappropriation is one area where criminal penalties apply to federal managers. Funds allocated by congress for one purpose may not be spent for a different purpose, including payroll. The U.S. Navy provides an example.

Title 18, United States Code, Section 1001 establishes criminal penalties for false statements. This applies to false statements exchanged between any two federal employees, which includes managers, appointed officials, and elected officials.

Criminal penalties also apply when crimes occur in the workplace, as is often the case with an injury. For example, illness after workplace exposure to hazardous substances requires access to the Material safety data sheet and Workers compensation for medical evaluation. Failure to post mandatory information is a crime.

Retaliation remedies are limited to withholding payroll from the manager and civil remedies that involve the Civil Service Reform Act.

State laws are also applicable to federal workers, and California provides an example.

California Labor Code Section 6425

U.S. Labor Law and Policy

Employer activity that is not prohibited by law are usually permitted. Ignorance of the law does not make something legal. Managers cannot order people to participate in situations that involve something that is illegal, unethical, or unhealthful, but may continue to do so until there is a dispute.

Workers will often prevail if some kind of law or public policy can be used to justify a dispute. When a dispute goes to grievance, then laws and policies need to be cited, otherwise the dispute may fail. The following resources may help.

United States labor practices and related laws are covered in the following.

State laws are also applicable to all workers (including federal workers).

US State Law and Government

The following is applicable specifically to federal workers.

One of the more serious concerns is workplace safety, and failure to satisfy building codes established by the International Code Council can have a negative impact on occupational safety. Buildings constructed before 1990 probably do not satisfy these requirements.

As an example, government managers are often incompetent and may not recognize the reason for elevated illness rates when fresh air ventilation for the building is shut down. The building no longer satisfies OSHA laws and building codes without fresh air. EPA recommends fresh air exchange of no less than 15 cfm/person to prevent accumulation of toxic chemicals in the air, like the carbon dioxide that is exhaled in human breath. Inadequate fresh air will cause illness or death due to excess buildup of toxic gasses inside buildings.

Building codes applicable to most areas of the United States are as follows.

Common Law

Common law is the body of law established by judges under the authority of decisions issued by courts. Legal decisions issued by courts form precedent that can modify public law. The principle of stare decisis applies to common law, and this obligates judges to respect the precedents established by prior decisions made by other courts.

Common law is established in two bodies.

Issues that involve federal agencies apply to federal courts, and federal courts must observe laws established within the state in which that federal agency operates.

State courts apply only to state government, however, state courts have an obligation to observe common law established at the federal level, in addition to observing federal law that are not modified by state laws.

Proof is often required to substantiate the credibility of whistle-blower complaints, but state and federal law may prohibit photographs,^[1] and video that are the most important types of proof.

Legal disputes can be handled in two different forums.

Labor disputes for private employees that go to court usually begin at the county or state. Labor disputes involving federal workers begin in federal court.

Supreme Court

The US Supreme Court has stripped whistle-blower protections for most government workers.

Garcetti v. Ceballos is a decision that indicates that first amendment protection for free speech does not apply to situations that fall within the scope of the job description associated with the employment of each individual government worker. The Supreme Court decision means that government management may discipline government employees that disclose crime and incompetence under certain circumstances.

Job related functions are supposed to be disclosed to management by grievance (usually through the union), to the Inspector General, to the [Office of Special Council], to appointed officials, or to elected officials. This is counterproductive when the employer has violated the law, and agencies responsible for enforcement actions are often not funded.

Issues that exist outside the job-description are not prohibited by Garcetti v. Ceballos. Public disclosure of the work environment not related to work assignments do not compromise essential functions like national security and law enforcement. In theory, criminal penalties apply to managers that discipline employees for public disclosure of situations outside the job description.

The following are some examples of situations outside the job description.

Undisclosed hazardous material exposure when the hazard is not in the job description
Unauthorized acceptance of defective goods or services when the defect is not associated with the job description
Sexual harassment, racial discrimination, slander, and stalking
Failure to provide meals, breaks, and rest time
Compulsory work assignments without pay

Reporting

Federal workers notify the Secretary of Labor when unsafe working conditions are not addressed by management. Employees working for private companies notify organizations like EPA and OSHA.

Even though EPA and OSHA may provide no direct services for government workers, a report should be filed.

Senior executives and military officers at the rank Colonel/Captain or above have an obligation to act on Whistleblower information.

Financial or business irregularities may be reported to the U.S. Securities and Exchange Commission, Attorney General, District Attorney, Secret Service, Federal Bureau of Investigation, or other law enforcement agency.

One caution is that government employees can be imprisoned indefinitely without trial based on hear-say from coworkers, so whistle-blower reporting cannot be done casually. If the information that is being reported is classified, then the recipient must have a need-to-know and the recipient must hold a security clearance. The need-to-know criteria generally means that the issue that is being disclosed will benefit the government if the dispute is resolved. A dispute that does not provide a benefit to the government is more appropriate for a labor dispute.

Government ethics laws are a complicated maze with unpredictable combinations. As an example, any business interests and tax records for a public employee is public domain because disclosure is required by the Ethics Reform Act of 1989 and this information must be made available to anyone that requests that information because of the Freedom of Information Act. This applies to all government employees, including elected and political appointments.

Federal employment is governed by the Merit Promotion Protection Board. This applies to positions that are not filled by election or appointment.

Employees working for private companies are protected under the Americans with Disabilities Act. Federal employees are covered by the Rehabilitation Act of 1973, which offers inferior protection.

Workers that report crime or incompetence may get injured while at work. Federal workers, energy workers, long shoremen, and coal workers injured at work must contact US Department of Labor, Office of Workers Compensation.

Labor Dispute

One caution related to a labor dispute is that all union leadership team members are also employees, and these employees have job assignments. Lighter job assignments are usually given union leaders. This often includes fewer travel assignments in addition to not requiring the union leadership team members to be in the workplace during work hours. Management has the right to change the job assignment for union leaders. This includes family separation using long-term travel assignments.

The whistle-blower must understand the labor dispute process because union leadership may be corrupt.

The employee must initiate a labor dispute to protect their employment rights when reprisal occurs after a whistle-blower disclosure. Employee rights are protected by Labor law in the United States. These rights are not automatically guaranteed if the employee fails to start the process in a timely manner.

Employees with no collective bargaining organization are directly represented by state labor boards, unemployment offices, and the Equal Employment Opportunity Commission. This describes employees where no union steward is available at the work-site.

The dispute must be disclosed to the employer. If there is a union contract, then the process described in the contract should be followed. If there is no union agreement then a disagreement with the employer should be discussed directly with government organizations that provides employee protection for the area of the disagreement. A labor dispute that progresses beyond words begins with a grievance.

Grievance

The grievance starts a timer that usually prohibits the employer from taking negative action against the employee (and union steward). For example, a whistle-blower complaint prohibits negative employer action for 90 to 180 days. A conventional grievance should provide a 30 day window. This prohibits things like workplace lockout, withholding payroll and firing. Each new employer action can be used to justify a new grievance.

When an employee grievance prevails, the lower level supervisors that were involved in the dispute may be temporarily prohibited from promotion. Manager pay may be suspended in situations where there was a whistleblower reprisal or other crime. This provides a manager incentive to use unethical tactics to prevail. The employee must ensure the nature of the dispute is factual, justified, and substantiated.

Factual: no false or misleading statements
Justified: legal justification to sway a judge or jury to favor the employee
Substantiated: evidence, testimonials, and witnesses that will support the facts

A grievance should include the following.

Organization information (name and location)
Employee contact information (name, address, and telephone)
Manager contact information (name, address, and telephone)
Employee Occupation
Nature of complaint
Desired resolution
Employee signature and date
Manager reply, signature and date

The original grievance is given to the first level manager and a copy is kept (immediate supervisor). If there is a union, then a copy should be given to a member of the union leadership team. If the manager reply is unacceptable, then the grievance is updated, attached to copies of the original, and given to the manager that supervises of the first level manager (second level supervisor). This continues from manager to manager upward through the organization. The time allowed for each manager response is usually 30 days. The time allowed for the employee response is usually 7 days. The nature of the complaint may expand to include further information at each step.

When an employee dispute involves an employer that is a member of a collective bargaining unit then the grievance process is described in the collective bargaining agreement. U.S. Code Title 5 Section 7121 for federal workers provides an example framework.

If no resolution is achieved at the top level for the local organization, or if the process takes too long, then the process is brought to the attention of the appropriate government organization.

Collective bargaining protects the employer as much as the employee. The grievance process described above provides time for the employer to correct situations that violate ethics rules or laws before enforcement action becomes necessary. Federal employees that are members of a union are generally restricted to binding arbitration. Employees not limited to binding arbitration may sue in court.

When there is no labor union or if the union dispute process has produced no productive results, or if the process takes too long, then the issue is provided to the National Labor Review Board, Equal Employment Opportunity Commission, the Merit Promotion Protection Board, the Inspector General, Senator, Representative, the President, the Department of Justice, the Industrial Accidents Board, or other organization. A copy should be mailed to the officer or senior executive in charge of the top level managers in the local organization because other employees may interfere with regular delivery.

A grievance needs to cite an issue involving [tort|tort law], common law, or [crime|public law] to be effective. There is no obligation for any enforcement action for issues that do not violate law. Failure to provide pay for hours worked, criminal activity, dangerous activity, assault, failure to provide time for meals/breaks, failure to provide safe working conditions, hostile work environment (harassment), and failure to accommodate handicap are common reasons for employee complaints.

Meetings

The direct supervisor may order an employee to attend a meeting. The employee must attend a meeting during regular working hours but there are limitations. U.S. government employees cannot leave the meeting or work area except in situations involving disability or illness. Government leave policy is established by public law. Employees working for private companies operate under different rules, and restricting employee movement may be an arrest in some areas if state laws require time for employee breaks and meals. Government employees are at greater risk of serious abuse by managers due to unequal protection.

The state labor board should be consulted for more information.

One word of caution is that Fifth Amendment protection may be lost if the employee answers questions, and it is necessary to reassert this right during the meeting after answering any questions. The meeting may involve very little conversation after the employee has asserted their constitutional rights and demanded the details of the accusation.

The employee must also assert their rights. Department of Labor should be consulted for more information.

Employees must assert additional rights when ordered to attend a meeting that may involve any type of dispute. There is nothing that requires an employee to provide any information during a meeting if the topic involves a labor dispute, but the employee is entitled to be told the specific nature of any possible dispute. The following should be demanded.

Job description
Performance evaluation criteria
Performance evaluation
Improvement expectations

Employees must never make false statements during any meeting, and meeting participants risk fine or prison when false statements are made when a federal worker is present. False statements made in the presence of a federal employee is a crime, and this includes any statement made during an official meeting at a federal facility. Some states may have similar laws.

A court order may be required for telephone voice recording in some areas. Ordinary voice recording in some areas, such as California, requires consent of all parties before the recording can be used in a courtroom or during arbitration. Most meeting minutes are documented in writing by all parties, and the minutes are signed and dated at the end of the meeting.

The employees must request the specific nature of any accusation under the Sixth Amendment with the assumption that an unresolved dispute will be decided in a courtroom under the protections provided by the Seventh Amendment. Employees cannot be compelled to answer questions about potential crimes under the assumption that all such questions fall under the protection of the Fifth Amendment. No employee may be denied these protections for any reason. The specific constitutional protections are as follows.

Fifth: ... nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ...

Sixth: ... the accused shall enjoy the right ... to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him ...

Seventh: ... where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ...

Fourteenth: ... nor deny to any person within its jurisdiction the equal protection of the laws ...

If the meeting is a disciplinary hearing or a performance appraisal meeting for a government employee, and if the employee is told that any area of job performance is less-than-perfect, then the employee is entitled to be told about specific improvements for each less-than-perfect rating. The appraisal must fall within the boundaries of the job description. If any area of the appraisal falls outside the scope of any diploma, license, or prior training used during the hiring process, then the employer is responsible for training necessary to improve the skills that are part of the evaluation. The employer is required to allow an improvement period before reevaluation. Some employers may require employees to pay for their own training in some areas as a hiring condition.

Another protection is false imprisonment. The employer cannot lock doors and cannot forcibly move the employee against their will unless an arrest has been performed, including a Miranda warning. The Sixth amendment requires that the employee must be told about the reason when moved against their will or detained against their will.

Rules vary by state, but employees are usually entitled to a 15 minute paid break every 2 hours and 1 hour unpaid meals every 4 hours. In most states, employees are entitled to overtime for any missed break periods, and state labor protection rules extend to federal workers.

One of the benefits of union representation is Weingarten Rights to reduce employer abuse. Employees not represented by a union may have limited Weingartern Rights, and may not be entitled to witnesses during a meeting. The employee and the union representative have the right to management information related to the dispute and both the employee and the union representative may take an active role during any meetings. Weingarten Rights are as follows.

Employee has the right to union representation during discussion requested by management
Employee must ask manager if the discussion may involve disciplinary action
Employee must ask the union steward to attend the discussion
Employee must inform employer that union representation has been requested
If employer refuses union representation:

1. State "If this discussion could in any way result in my being disciplined or terminated then I respectfully request union representation. I choose to not respond to questions or statements without union representation."

2. Take notes, do not answer questions, do not sign documents, and inform union after discussion

Employee has the right to speak privately with union representation before the discussion and during the discussion
The union representative is an active participant. She or he is not just a passive witness.

Government employees also have Garrity Rights to assert fifth amendment protection related to employment that is completely different from Miranda Rights that apply to employees working for private companies.

One issue with public employees is that certain workplace situations violate public law. Government employees that deviate from office procedures may violate laws, such as the New Jersey ticket fixing scandal^[2] and the Minnesota ticket fixing scandal.^[3] Employees that carry pesticide into the workplace from home violate violate the Hazard Communication Standard.

Managers may threaten to take disciplinary employment action if an employee fails to disclose criminal activity. Government employees also have Garrity Rights, and must assert the following when questioned by management. This must be separate from any report or statement from management if made in writing.

"On ____________— (date) _________— (time), at ____________— (place) I was ordered by _________________— (superior officer, name & rank) to submit this report (statement) as a condition of continued employment. In view of possible job forfeiture, I have no alternative but to abide by this order and to submit this compelled report (statement).
It is my belief and understanding that this report (statement) will not and can not be used against me by any governmental agency or related entity in any subsequent proceedings, other than disciplinary proceedings within the confines of the department itself.
For any and all other purposes, I hereby assert my Constitutional right to remain silent under the FIFTH and FOURTEENTH AMENDMENT to the UNITED STATES CONSTITUTION and any other rights prescribed by (state) laws. Further, I rely specifically upon the protection afforded me under the doctrines set forth in Garrity v New Jersey, 385 US 493 (1967), Gardner v Broderick, 392 US 273 (1968), and their progeny, should this report (statement) be used for any other purpose of whatsoever kind or description."
The employer shall not order or otherwise compel a public employee, under threat of discipline, to waive the immunity of the asserted Fifth Amendment privilege against self-incrimination with respect to any submitted statement or report or answers to questions. (Employees shall not condition their compliance with a lawful order to submit reports, statements, etc. on non-disclosure to third parties by the Employer.)
Propriety of the discipline shall be determined through the collective bargaining agreement grievance arbitration process.

Unionization

Unions provide additional legal protection that is unavailable without unionization.

National Labor Review Board helps to form federal unions, investigate charges, seek resolutions, decide cases, and enforce orders. The NRLB oversees the formation of the union, and election process associated with selecting union officials.

Employers are obligated to inform employees about assistance programs associated with workplace injuries or illness, and union representatives are obligated to follow up on this information. Employers are required to allow the local union representative to attend meetings. The employer cannot interfere with support provided by the union representative.

A collective bargaining agreement (contract) is a set of bylaws that establishes a partnership agreement between two groups of people, where one group is management and the other group is employees. The collective bargaining agreement also provides the same protection for managers, except managers are not entitled to union representation during labor disputes.

The collective bargaining agreement is separate from the union charter, which is the set of rules and regulations governing the activities of the labor union members.

Voting and elections
Union meetings
Meeting notification
Funds

Labor contracts involve Common Law established by court decisions (except in Louisiana), Torts (private or civil law), and public law.

A union may be organized as a business or corporate entity under U.S. Code Title 26, Section 501(c)(3), 501(c)(4) and/or 501(c)(5) if the labor organization is large enough to conduct banking transactions. A bank, credit union, savings and loan, or other financial organization can be consulted to determine the local requirements needed to establish an account. This allows funds to be collected for a common purpose.

External links

References

^ "Wiretapping and Eavesdropping on Telephone Calls | Privacy Rights Clearinghouse". privacyrights.org. 2011 [last update]. Retrieved 31 December 2011. {{cite web}}: Check date values in: |year= (help)CS1 maint: year (link)
^ http://www.law.com/jsp/article.jsp?id=1193043819695&slreturn=1&hbxlogin=1
^ http://www.tmcec.com/tmcec/Resources/News/Ticket_Fixing

[1] "Wiretapping and Eavesdropping on Telephone Calls | Privacy Rights Clearinghouse". privacyrights.org. 2011 [last update]. Retrieved 31 December 2011. {{cite web}}: Check date values in: |year= (help)CS1 maint: year (link)

[2] ttp://www.law.com/jsp/article.jsp?id=1193043819695&slreturn=1&hbxlogin=1

[3] ttp://www.tmcec.com/tmcec/Resources/News/Ticket_Fixing

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[2]

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 The [http://www.taf.org/ Taxpayers Action Fraud Education Fund] provides access to educational resources.
+===== Disability Retirement =====
+Employees that have become disabled should consider disability retirement. This may be included in the company retirement plan, or it may be covered by a government agency.
+* [http://www.ssa.gov/dibplan/dqualify.htm Social Security Disability Planner]
+* [http://www.dol.gov/compliance/laws/comp-erisa.htm Employee Retirement Income Security Act (ERISA)]
+* [http://www.pbgc.gov/wr/benefits/guaranteed-benefits/guarantees-for-disabled-participants.html Pension Benefit Guarantee Corporation]
 ===== Civil Service Reform Act of 1978 =====