A Bargaining Unit 18 member's right to CAPT representation

CAPT members and non-members in State Bargaining Unit 18 have the right to assistance and presence of a CAPT representative in these situations:

•  Grievances -- Over any violation of the CAPT contract and to challenge a substandard performance appraisal.

•  Complaints -- Challenging how management applies or interprets any rule, policy, decision or order that is not covered by the contract and not under the jurisdiction of the State Personnel Board; also to appeal counseling memos, letters of instruction or work improvement memos.  

•  Counseling sessions -- When (1) the results of the meeting are put in writing, and (2) the counseling memo refers to possible disciplinary action and (3) the counseling memo goes into your personnel file.

•  Interviews by a special investigator or management -- Representation is a right if you are likely to be the subject of disciplinary or criminal action. There is no representation right if you're being interviewed only as a witness. But if the focus changes so you could face charges, then you're entitled to representation. If you're facing criminal charges, you are advised to exercise your Miranda Rights to get an attorney.

• BVNPT/CDPH investigatory interviews -- Representation is a right in interviews by investigators from the BVNPT and the California Department of Public Health, wherever those interviews take place.

 

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CAPT member's right to representation

In addition to the represenatational rights listed above, CAPT members also have the right to assistance and presence of a CAPT representative in these situations:

•  Skelly hearings -- At the Executive Director's level, to challenge proposed adverse actions.

•  Adverse action appeals -- In front of a State Personnel Board administrative law judge or the full Board. In some cases, members  can have their cases appealed to a Superior Court.

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Help us help you!

If you feel you are in need of representational assistance, or if you simply have questions or concerns, contact your chapter office or CAPT Headquarters right away. The sooner you call us, the sooner we can assist you.

And don't forget: CAPT's the only state-employee union that also helps members with a whole range of licensure/certification issues! Contact your chapter office or CAPT HQ to find out more.