Weingarten Rights. Daria Smith, RN UNAC/UHC Staff Representative Kaiser Steward Training March 27, 2013

Transcription

1 Rights Daria Smith, RN UNAC/UHC Staff Representative Kaiser Steward Training March 27, 2013

2 Rights if this discussion could in anyway 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.

3 History: In the 1975 NLRB v. J. Weingarten Inc., 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. Case applies: To workers in the private sector. Some public employees have similar rights Vary from state to state (dependent on labor laws)

4 Basic Weingarten rights 1) The employee must request representative before or during the meeting. 2) After the employee makes the request, the supervisor has three (3) choices: a. Grant the request and wait for the union representative s 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. 4) Management is not obligated to inform employees of their Weingarten Rights. 5) Right extends only where the employee reasonably believes that disciplinary action may result.

5 Examples of Weingarten/Investigatory meetings: Absenteeism or tardiness Accidents Damage to company property Drinking or drugs Falsification of records Fighting Insubordination Poor Attitude Theft Violation of safety rules Work performance

6 Examples of when an employee has NO right to the presence of a union representative, or able to exercise Weingarten Rights: Meeting is merely for purpose of conveying work instructions, training or communicating corrections in the employee s work, etc. Employee is assured by the employer prior to the meeting/interview that no discipline or employment consequences can result from the interview. A meeting called by the employer for the purpose of imposing discipline, is not an interview subject to Weingarten Rights. *Note: if asked for rep in above circumstances, the employer may permit, but if they do not there is no violation of rights.

7 Steward Rights in Weingarten Meetings Ask to be informed of the purpose of the meeting. Meet with the employee before the supervisor begins questioning the employee. Introduce self. Get member s side/version of incident. Answer question(s) asked. Do not volunteer information Keep answers short. Tell the truth. If necessary, request clarification of a question before the member responds. Ask the supervisor to clarify any questions the member does not understand. Stop supervisor from misleading, harassing or abusing the member. Request a caucus/recess during a meeting if you need more time to speak privately with member. Request that the meeting continue at another time if information is presented that requires additional investigation or preparation. Offer advice to the member on how to answer the question; present the facts. Provide additional information to the supervisor after the meeting is over. Only if it benefits the member.

8 Rep/Steward s Responsibility (Do s) in a Weingarten Meeting: 1) Take detailed notes on the questions asked and the answers given during the meeting. Note whom said what: Helps to keep facts straight. Helps ensure the interviewer does not distort the member s answers. 2) Document date, time, location of meeting & persons present in the meeting. 3) Help the member remain calm during the meeting.

9 Rep/Steward Don ts!!! Cannot insist that the interview end. Inappropriate to provide supervisor with information that is detrimental to the member s case. Inappropriate to be the judge and/or jury of the member that you are representing. Discuss member s issue(s) for purposes of gossiping. Need to know basis

10 Questions??