'Employees bargain with strength
for wages, benefits and rights when they join together. That's why
it's important to unionize.'
Weingarten Rights
EMPLOYEE'S RIGHT TO UNION REPRESENTATION
The rights of unionized employees to have present a union representative during investigatory interviews were announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten rights.
Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.
If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. Management is not required to inform the employee of his/her Weingarten rights; it is the employees responsibility to know and request.
When the employee makes the request for a union representative to be present management has three options:
(I) it can stop questioning until the representative arrives.
(2) it can call off the interview or,
(3) it can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the emplovee should always refuse.)
Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview.
The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.
While the interview is in progress the representative can not tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.
For information on Weingarten Rights as they apply to federal workers, click here
You Have The Right To Representation
Weingarten Rights
Workers' rights at an investigatory meeting
Employees have a right to union representation when they "reasonably believe" that an investigatory interview is to take place. Investigatory interviews occur when a supervisor questions an employee to obtain information which could be used as a basis for discipline or when employees are asked to defend their conduct.
Important Note: Employers do not have an obligation to inform employees of their "Weingarten rights".
The request for union representation must be made by the employee, and may take place either before, or during an investigatory interview.
Once union representation has been asked for the employer has three options:
1. Grant the request and delay questioning until the union representative arrives.
1. Deny the request and end the interview immediately.
1. Give the employee a choice of: (a) having the interview without representation, or (b) ending the interview.
Stewards' rights at an investigatory meeting
Stewards can take an active role at investigatory meetings. Stewards:
Must be briefed by the supervisor on the subject matter of the interview.
Must be allowed to have a pre-interview conference with the employee.
Has the right to speak during the interview.
May ask for clarification.
May council the employee.
May provide supplemental information to the supervisor.
Stewards can also:
Help an anxious and inarticulate employee explain an incident.
Raise extenuating circumstances.
Advise an employee against blanket denials.
Prevent an employee from making "fatal admissions."
Help employees from losing their temper.
Serve as a witness to the interview proceedings.
Note: This information is gathered from (The Legal Rights of Union Stewards, Work Right Press, Second Edition) and (On The Line, A Guide For Union Stewards, The Bureau of National Affairs, Inc. Supplement No. 56)
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