The employer has no
obligation to inform
the employee of their rights!
Know
Your Rights
In
1975 the U.S. Supreme Court declared in NLRB v. J. Weingarten, rules
that employers must follow during an investigatory interview. These
rules are known as Weingarten rights. An investigatory interview occurs
when:
1. Management
questions an employee to obtain information; and
2.
The employee has a reasonable belief that discipline or other adverse
consequences may result from what the employee says.
When an investigatory interview occurs the following rules apply; The
employee must request Union representation before or during the
interview. The employee cannot be disciplined for making this request.
After the employee makes the request for Union representation the
employer is left with the following three options:
1. Grant
the request and delay questioning until the Union representative
arrives and has a chance to consult privately with the member.
2.
Deny the request and end the interview immediately.
3.
Give the employee a choice of either having the interview without
representation or ending the interview.
If the employer denies the request for Union representation and
continues to ask questions, they commit an unfair labor practice and
the member has the right to refuse to answer their questions. The
employer may not discipline the member for such a refusal.
The Union encourages all members to assert their Weingarten rights. A
steward can serve as a witness to the proceedings, object to
intimidating tactics or confusing questions and, they may also raise
extenuating factors regarding the issue.
Weingarten
Rights
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. WITHOUT REPRESENTATION PRESENT, I CHOOSE NOT TO
PARTICIPATE IN THIS DISCUSSION.
YOU
ARE ENTITLED TO UNION REPRESENTATION
EXERCISE
YOUR RIGHTS
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