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In the 1975 case NLRB v. J. Weingarten Inc., the U.S. Supreme Court declared that unionized employees have the right to have a steward present during a meeting with management when the employee believes the meeting might lead to disciplinary action being taken against him/her.
Weingarten rights apply during investigatory interviews when a supervisor is questioning an employee to obtain information that could be used as grounds for discipline. When an employee believes such a meeting may lead to discipline, he/she has the right to request union representation. These basic Weingarten rights stem from the Supreme Courts decision:
1. The employee must request representation before or during the meeting.
2. After an employee makes the request, the supervisor has these choices:
a. Grant the request and wait for the union representatives arrival;
b. Deny the request and end the meeting immediately; or
c. Give the employee the choice of either ending the meeting or continuing without representation.
3.If the supervisor denies the request and continues to ask questions, the employee has a right to refuse to answer. In addition, the supervisor is committing an unfair labor practice.
No, only when you reasonably believe discipline could result from an investigatory interview, unless your contract contains broader rights.
When a manager or 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.
NO; management isn't obligated to remind you of your right unless your contract requires it, and even then YOU must make the request. After you have made that request you should contact your Steward immediately, so they can arrange to be there, and most important, build in time to consult (caucus) with you before the meeting.
You should ask about the purpose. You have the right to know that the meeting could involve questioning that could lead to discipline, and the general subject matter of the inquiry, but not the details.*
At the point you believe you are being asked questions which could result in discipline, you have the right to ask that the meeting be stopped so you can call in a Steward.
Yes. They must delay questioning until your Steward can be present.
If you are denied a Steward's presence, they must end the meeting or not proceed with questioning. If they insist on continuing the meeting and you are still questioned, the employer is committing an unfair labor practice, and you may decline to answer. You cannot be disciplined for such refusal. After the meeting, contact the Steward again to file a grievance or NLRB charge.
When the Steward arrives, the supervisor or manager must allow the Steward a private meeting with you before questioning begins, must allow the Steward to speak during the interview, for instance, to clarify a question, and to advise you (caucus). The Steward also takes notes during the meeting.
No, supervisors and managers expect members will request representation; it's just sensible.
You may request the presence of another Steward, a Chief Steward, or you may request Union staff.
You can’t have a Steward at the first evaluation discussion unless the evaluation or the supervisor's questions threaten disciplinary action. When the evaluation is final, you may have representation in later discussions or appeal meetings.
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