Weingarten Rights
Almost
twenty years ago a counter clerk who worked for a J. Weingarten
store in Houston, Texas, was questioned by her Employer for
alleged theft. Although she was cleared in the investigation, she
had been denied, after several requests, the presence of her Shop
Steward during the questioning. The Union representing her filed
an unfair labor practice after the incident and, in 1975, the
Supreme Court ruled in the Union's favor. An important new right
for workers emerged from this decision: An employee may be
represented by the Union at an investigatory interview with
his/her employer when the employee reasonably believes that the
interview may lead to disciplinary action.
FAQ's
Q:
Can I have a Shop Steward present at any meeting I have with
Management?
A:
No, only when you have a reasonable belief that discipline will
result from an investigatory meeting.
Q:
What
is an investigatory interview?
A:
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.
Q:
Is
Management obligated to remind me of my Weingarten rights prior to
an investigatory meeting?
A:
No, you must request a Steward's presence. Management has no
obligation to remind you of your right.
Q:
What if I'm told to be in my Supervisor's office at 10 am but I do
not know the nature of the meeting?
A:
You have the right to know beforehand what the subject of the
discussion will be. And, you have the right to consult (caucus) with
your Steward before and during the meeting.
Q:
What if a routine work meeting is taking place between my Supervisor
and me, but the nature of the meeting suddenly changes?
A:
You have the right to stop the meeting and call in a Steward at the
point you believe you are being asked questions which could result
in discipline. You cannot be punished for requesting a Steward's
presence.
Q:
If I request a Steward, does the Employer have to comply?
A:
The Employer must choose from among three options:
-
Grant the request and delay questioning until the Steward arrives
and has a chance to consult privately with the employee; or
-
Deny the request and end the interview immediately; or
-
Give the employee a choice of having the interview without
representation.
Q:
What is the role of a Steward in a investigatory meeting?
A:
1. When a Steward arrives, the
Supervisor must inform him/her of the subject matter
of the interview, i.e.
the type of action/misconduct for which discipline is being
considered.
2. The Steward must be allowed a
private pre-interview conference before the
questioning begins.
3. The Steward must be allowed to
speak during the interview.
4. The Steward can give advice on how
the employee should answer questions.
Q:
What if a Supervisor denies my request for a Steward?
A:
If you are denied a steward's presence and are still asked
questions, the Employer commits an unfair labor practice and the
employee has a right to refuse to answer. The supervisor cannot
discipline the employee for such a refusal.
KNOW AND EXERCISE YOUR
WEINGARTEN RIGHTS
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