|
You Have The Right To Representation
Weingarten Rights
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.
2. Deny the request and end the interview immediately.
3.
Give the employee a choice of: (a) having the interview without representation, or (b) ending the interview.
Steward's
Rights
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.
|
