Weingarten Rights
WEINGARTEN RIGHTS----- THIS IS YOUR RIGHT FOR UNION REPRESENTATION
DURING COMPANY INTERROGATIONS, ONE OF THE MOST VITAL FUNCTIONS OF A UNION
STEWARD IS TO PREVENT MANAGEMENT FROM INTIMIDATING EMPLOYEES.
NOWHERE IS THIS MORE IMPORTANT THAN IN CLOSED DOOR MEETINGS WHEN SUPERVISORS OR
SECURITY PERSONNEL, OFTEN TRAINED IN INTERROGATION TECHNIQUES, ATTEMPT TO
COERCE EMPLOYEES INTO CONFESSING TO WRONG DOING.
IF YOU HAVE REASONABLE BELIEF THAT DISCIPLINE OR OTHER ADVERSE CONSEQUENCES MAY RESULT FROM WHAT YOU SAY, YOU HAVE THE RIGHT TO REQUEST UNION REPRESENTATION.
WHEN A SUPERVISOR CALLS AN EMPLOYEE TO THE OFFICE TO ANNOUNCE A WARNING OR OTHER DISCIPLINE THAT HAS ALREADY BEEN DECIDED, IT IS NOT AN INVESTIGATORY MEETING SINCE THE SUPERVISOR IS JUST INFORMING THE EMPLOYEE OF A PREVIOUSLY ARRIVED-DECISION. HOWEVER, WEINGARTEN APPLIES UNTIL THE MOMENT THE EMPLOYEE IS NOTIFIED THAT HE/SHE WILL BE DISCIPLINED. SUCH A MEETING BECOMES AN INVESTIGATORY INTERVIEW, HOWEVER, IF THE SUPERVISOR ASKS QUESTIONS THAT ARE RELATED TO THE SUBJECT MATTER OF THE DISCIPLINE.
WEINGARTEN RULES.
UNDER THE SUPREME COURT'S WEINGARTEN DECISION, WHEN AN INVESTIGATORY INTERVIEW OCCURS, THE FOLLOWING RULES APPLY:
RULE 1. THE EMPLOYEE MUST MAKE A CLEAR REQUEST FOR UNION REPRESENTATION BEFORE OR DURING THE INTERVIEW, YOU CANNOT BE PUNISHED FOR MAKING THIS REQUEST.
RULE 2. AFTER YOU MAKE THE REQUEST, THE COMPANY REP. MUST CHOOSE FROM AMONG THREE OPTIONS , HE/SHE MUST EITHER:
A. GRANT THE REQUEST AND DELAY QUESTIONING UNTIL YOUR UNION REP. ARRIVES AND HAS A CHANCE TO CONSULT PRIVATELY WITH YOU; OR
B. DENY THE REQUEST AND END THE INTERVIEW IMMEDIATELY; OR
C. GIVE YOU A CHOICE OF:(1)HAVING THE INTERVIEW WITHOUT REPRESENTATION OR (2) ENDING THE INTERVIEW
RULE 3. IF THE COMPANY REP. DENIES THE REQUEST FOR UNION REPRESENTATION
AND CONTINUES TO ASK QUESTIONS, HE COMMITS AN UNFAIR LABOR PRACTICE AND AT
THAT TIME YOU HAVE THE RIGHT TO REFUSE TO ANSWER ANY QUESTIONS AND THE
COMPANY MAY NOT DISCIPLINE YOU FOR SUCH A REFUSAL.
