This training program will explore the rationale behind the weingarten decision and other similar court decisions. These rights, established by the supreme court, in 1975 in the case of nlrb vs. Weingarten rights weingarten rights guarantee an employee the right to union representation during an investigatory interview. Without representation, i choose not to answer any questions. Your weingarten rights if you are ever called into an interview meeting with your supervisor or manager so that they can investigate a situation which might result in discipline, you have specific representational rights. The right in the statute for union representation during investigatory examinations is premised on the similar private sector right of employees established by the supreme court in nlrb v. Weingarten card if this discussion could in any way lead. Employees shall have the right to selforganization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection nlrb v. Consider distributing walletsized cards such as the following. Article 24 weingarten right this fact sheet discusses when a steward should be present in the investigatory phase of the discipline process. The weingarten rule local 372 nyc board of education. Collectively, these rules are referred to as weingarten rights. If you are ever called into an interview meeting with your supervisor or manager so they can.
If the union could teach just one thing to its members, it would have to be about weingarten rightsthe right of unionized workers to have a steward or someone else from the union present if the person is in a situation where he or she may be disciplined. Do not sign a waiverofrights form, admit or deny any allegations, or make any written or oral statement unless an attorney andor union representative is personally present. But remember, these rights are worthless if you dont enforce them on the job. Weingarten rights your right to union representation during. The name of the court case was the national labor relations board v. What if management refuses your weingarten rights and. If management rejects a workers request for union assistance at an investigatory interview, induces him to confess to wrongdoing, and fires him, will. Do not waive any rights, including the right to remain silent. The weingarten class provides union stewards, leaders, and activists with the knowledge necessary to protect and enforce the right of union representation. If you receive notice of a meeting, contact seiu local 1991 immediately. Absent such a requirement in your collective bargaining agreement, the employer has no obligation to advise you that you can have union representation present. Employees do not have to be alone when they are questioned by an employer in a situation that might result in discipline. These rights have become known as the weingarten rights. If you think a conversation with management may lead to disciplinary action, ask for a local 476 steward or officer.
Supreme court ruled that federal law gives workers, including federal employees, the right to request union representation during investigatory interviews. Its important to remind your members about their weingarten rights now and then. Sep 18, 2015 the weingarten class provides union stewards, leaders, and activists with the knowledge necessary to protect and enforce the right of union representation in the workplace during an investigatory. Unionized employers should be extra cautious about denying employees these rights, and where an employee declines representation during an investigatory interview, documenting that decision. Public employees are not covered by weingarten rights under the national labor relations act but by similar state regulations in. Weingarten rights service employees international union. The actual lawsuit that led to the establishment of weingarten rights involved an employee at a lunch counter. Weingarten rights apply only during investigatory interviews.
Our webinar will begin shortly please select use telephone after joining the webinar and call. Represented employees have weingarten rights only during investigatory interviews, also called factfinding interviews. Supreme court in 1975 ruled that employees represented by a labor union under the jurisdiction of the national labor relaions act have a right to a union representative at interviews that may lead to discipline. One way to do this is with weingarten cards business card size with the legal formula on one side. Supreme court announced the rights of employees in the presence of union representatives during investigatory interviews. If management rejects a workers request for union assistance at an investigatory interview, induces him to confess to wrongdoing, and fires him, will perc cslrb order the worker reinstated because of the weingarten violation. Workers should always request a steward if a meeting could lead to discipline. A union members weingarten rights guarantee a member the right to union representation during an investigatory interview.
Weingarten rights are not like miranda warnings, which require the police to advise a suspect of his or her rights to remain silent and to have a lawyer present. If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working condition, i respectfully request that my union steward, representative, or officer be present at the meeting. If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working condition. I work in canada communications workers of america. A strong union is better able to protect workers rights and fight for improvements in wages, hours. If the union wins a decision with the independent chairman ic, management will have to post a notice and hopefully will learn that weingarten rights must be granted. Nlrb expands remedies for employers violation of employees. Jerry brown has proposed a plan to merge the states two personnel. Is unions inclusion of weingarten rights statement in collective bargaining agreement coercive. Unlike weingarten rights in the united states, canadian law does not guarantee workers the right to union steward representation in investigatory interviews.
Signing a card asking your employer to recognize and bargain with the union. Employees have weingarten rights only during investigatory interviews. The right to representation weingarten rights guarantee an employee the right to union representation during an investigatory interview. When the employee makes the request for a union representative to be present management has three options. Nlrb expands remedies for employers violation of employee. Weingarten rights your right to union representation during an investigatory interview what are weingarten rights. Many shop stewards have the right to protect their members because of it. Attorneys defend and advance rights for members and afge in. These rights are called weingarten rights and they are summarized below.
Weingarten card if called to a meeting with management, read the following or present this card to management when the meeting begins. Weingarten rights apply to written statements poam. The federal government has exclusive jurisdiction over employment relations in certain industries, including international and interprovincial transportation, banking, telecommunications, broadcasting, airlines and trucking to other industries under federal jurisdiction. Weingarten rights 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.
I have the right to request reasonable time to consult with my. Weingarten rights guarantee an employee the right to union representation during an investigatory interview. In recent years, we have compelled the employer to become more knowledgeable in the weingarten right and its application. A bargaining unit employee should never give up hisher right to a steward. If you are a union member, you have a right to have union representation at any interview or meeting that could lead to disciplinary action against you. Weingarten rights faqs labor employee relations human. Am i entitled to weingarten rights if i am not a member of a union. If you are called into a meeting and a union representative is not present, invoke your weingarten rights and do not answer any questions. Joining a union whether the union is recognized by the employer or not. Supreme court held a bargaining unit employee is entitled to.
In 1975 the united states supreme court in the case of nlrb v. Joining together with progressive allies and community partners, we must demand. Weingarten rights most representatives and members have some basic knowledge of weingarten rights. This is something all ue members should know its our job, as ue stewards, to make sure they do. The nlrb has issued a decision allowing new remedies reinstatement and back pay makewhole relief for certain violations of an employees weingarten rights. If not, read them your weingarten rights, remain for the meeting, take notes, and immediately contact your union representative following the meeting. If this discussion could in any way lead to my being. Weingarten rights apply during investigatory interviews when a super. If they say you might be disciplined, but will not allow you to have a union representative present, read them your weingarten rights, stay in the room, pond to any questions. If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, i respectfully. This is especially important when a worker is questioned by a supervisor experienced in interrogation techniques. Ask for representation management is not required to inform the employee of hisher rights, so be sure to ask. County of sonoma seiu labor management committee, february, 2015.
The rights of unionized employees to have present a union representative during investigatory interviews were announced by the u. Employees have the right to request that a representative be present at any investigatory. If called into an investigatory interview do not ask management if you need a union representative. An employees right to representation in investigatory or predisciplinary meetings was established in a 1975 united states supreme court decision, nlrb v. Jun 05, 2015 given the nlrbs activist approach, it was only a matter of time before it expands weingarten rights. Weingarten rights can be a powerful tool to help defend ue members rights.
I know this sounds like a slap on the wrist and it is, but it is advantageous to have this on file to refer to in the future. Offer a membership card and ask the employee to sign and join the union. Weingarten card if this discussion could in any way lead to. Weingarten rights in the weingarten case, the supreme court ruled that unionrepresented workers have the right to union representation during all meetings or discussions with supervisors or managers that the member reasonably believes might lead to discipline. These rights are based on the supreme court decision in nlrb v. Since that case involved a clerk being investigated by the weingarten company, these rights have become known as weingarten rights. In a landmark decision known as the weingarten decision, the united states supreme court ruled that employees represented by a labor union who are called into an investigatory meeting may have a steward or union officer present during the investigatory meeting. Using weingarten rights issues if a supervisor or the boss asks questions that could lead to disciplinary action, ue members have the right to ask for a ue steward or other union officer.
Management is not required to inform the employee of hisher weingarten rights. The supervisor has no obligation to inform an employee. Your weingarten rights are a very important way to protect your employment. Weingarten rights are mandated by law, and materialized from an actual case national labor relations board vs. If they say you might be disciplined, but will not allow you to have a union representative present, read them your weingarten rights. It will also examine the union employees responsibilities when subject to an investigative interview and the union representatives role in an investigative interview, along with sanctions and remedies for violation of weingarten rights. Weingarten rights do not arise unless management asks questions of an investigatory nature. Weingarten rights your right to union representation. If you practice in the area of labor and employment, you should be aware of weingarten rights and how they can impact your clients, especially in cases involving employee misconduct. Once youve asked for the steward, any attempt by management to continue asking questions before a steward gets there an unfair labor practice. Use the afscme grievance fact sheet appendix c, page 71 to make. The rights of employees to the presence of union representatives during investigatory interviews was announced by the u.
Offer a membership card and ask the employee to sign and join. In short, we find that the directive to write a statement and to attend a meeting at the chiefs office gave notice of investigatory interviews which triggered coles weingarten rights. Weingarten rights can be invoked only in an investigatory interview, which occurs when. I have reason to believe that this investigatory interview may lead to disciplinary action against me.
These rights are called weingarten rights and they. The represented employee has the right thus weingarten right to request that a union representative or representative of their choice be present during any investigatory interview if they believe the outcome may result in disciplinary action against them. Weingarten rule in an investigative interview of union. Supreme court, without union representation, you do not have a right to representation if you are summoned into an investigatory meeting by your supervisors regarding. Weingarten, decided in 1975, established this basic entitlement and the procedures for when and how union reps may participate in interviews. The supreme court case of national labor relations board v. The supervisor has no obligation to inform an employee that she is entitled to union representation. If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working condition, i respectfully request that my union representative or steward be present at the meeting. Unions should explain weingarten rights to members in newsletters and at union meetings. You can ask at any time in the discussion that your union representative be present. Canada is divided into 14 legal jurisdictions 10 provinces, three territories, and the federal government. These rights, established by the supreme court, in 1975 in the case of j. The right to representation what are weingarten rights. Cole was subject to further questioning on the substance of his statement and kottage raised similar past conduct by other employees as a defense.