(505) 327-5221 or Reservations 1-800-528-1234
New Mexico 2009 State Assembly was held in Las Cruces on April 24 & 25 2009
37 Delegates attended plus 1 retired member, this was a great turn out with great speakers!!
COPA Report
In 2006 NM raised $720.00 ** in 2007 $850 was raised, and in 2008 $1,123.00
COPA for 2009 at the State Assembly
*** State $365.00 *** Gallup Local $382.00 *** Las Cruces Local $380.00 *** NM total of $1,127.00 *** Great Job!! & Great turn out!!
Byron Benally
Secretary/Treasurer
PO Box 1838
Farmington, NM 87499-1838
REMINDER TO ALL MEMBERS~~2010 STATE MEMBERSHIP DUES
******* BY FEBRUARY 28, 2010 *******
Dues are $4.00 for each member in your Local. Thank you for the Locals who have paid their 2010 State Membership. We are trying to bring
our state organization up to date according to our Constitution and By-Laws. You can still pay your State Membership. Make your check payable to:
NMPWU
P.O.Box 1838
Farmington, NM 87499
Thank You,..Byron Benally, State Secretary/Treasurer Cell (505)716-3871
PLEASE CHECK OUT PAGE TWO OF THIS WEB WHICH GIVES YOU FUTURE DATES FOR THE UNION
FYI*****IF YOU'RE CALLED IN BY POSTAL INSPECTOR*****FYI
Even if you believe you are not guilty of wrong doing, you should NOT allow yourself to be interviewed by Postal Inspector or OIG (Office of Inspector General) agent without an APWU representative being present. These law enforcement officers are investigating internal criminal matters, and you should remain silent until you have consulted with your union rep or an attorney.
The first thing you want to know is whether you are a suspect. If you are, even if you are told that nothing you say can be used against you, you should inform them that you wish to contact an attorney. Under no circumstances should you sign any forms or make any statements until you have consulted with an attorney. That is your most basic RIGHT!
*****WEINGARTEN RIGHTS*****
A 1975 Supreme Court Decision (NLRB v. J.Weingarten, Inc.) provides that a union-represented employee has the right to a steward when facing an investigatory interview. The important thing to remember about your "Weingarten Rights" is that management does not have to notify you of this RIGHT: The employee is responsible for being aware of the right to request representation.
Under the Weingartendecision, the employee can request union representation before or at any time during the interview. The employer then has three options: (1) Grant the request and delay questioning until the union representative arrives; (2) Deny the request and end the interview immediately; or (3) Give the employee a choice of ending the interview or continuing the interview without representaion.
If the employer denies the request for representation, the employee can simply refuse to answer question.
*****GARRITY RIGHTS*****
The Fifth Amendment provides that no one in a criminal case can be forced to be a witness against him- or herself. Information obtained through coercion is not admissible in court. In addition to these basic Fifth Amendment rights Postal Service employees have additional rights because of their "public sector" status. In the public sector, the government acts as both law enforcement agency and employer.
The Garrity Rights were developed through a series of Supreme Court rulings dating back nearly 40 years. In a 1967 ruling (Garrity v. New Jersey), several New Jersey police officers who were targeted in a ticket-fixing investigation were told to respond to questions or face discharge for insubordination.
To save their jobs, the officers complied and their statements were then used in criminal prosecutions against them. The highest court overturned the convictions, citing a violation of Fifth Amendment rights.
This case now stands for the principle that using the threat of discharge or other substantial economic penalty against public- sector employees is coercive-that any consequent disclosure is inadmissible in a criminal trial.
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