| Prepared by Staff Representative, Laura Wentworth What are Weingarten Rights? In 1975, it was declared by the Supreme Court in NLRB v. J. Weingarten, Inc. that Union Members may request assistance from union representatives during investagory interviews. However, management does not automatically grant you this right, you must request that the Union represent you. If you are called into a meeting with management, please read them the following: "If this discussion could in any way lead to my being disciplined or terminated or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion." If you are in a meeting with management, and you feel thatthe discussion could lead to any of the above, stop the meeting and read from the above. What are my rights as a Shop Steward during Pre-Disciplinary Hearings/Investigations? Sometimes employers assert that the only function of a steward at an investigory interview is to observe the discussion; in other words, to be a silent witness. This is incorrect. The steward must be allowed to advise and assist the employee in presenting the facts. When the steward arrives at the meeting: * The Supervisor or Manager must inform the Steward of the subject matter of the interview: in other words, the type of misconduct being investigated. * The Steward must be allowed to have a private meeting with the employee before questioning begins. * The Steward can speak during the interview, but cannot insist that the interview be ended. * The Steward can can object to a confusing question and can request that the question be clarified so that the employee understands what is being asked. * The Steward can advise the employee not to answer questions that are abusive, misleading, badgering or harassing. * When the questioning ends, the Steward can provide information to justify the employee's conduct. When in doubt, call your Local Union Chief Steward or contact a member of the Executive Board. |
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| ISLAND COUNTY, WASHINGTON |
| Union Local 1845 |
| What are Weingarten Rights? What is my Steward's role in a Pre-Disciplinary Hearing or Investigation? |
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| Archived News Volume 3 - Issue 1 Meeting Minutes Feb. 25, 2003 April 29, 2003 July 29, 2003 August 26, 2003 Sept. 30, 2003 Oct & Nov., 2003 |