Wednesday, November 7, 2007

Your Weingarten Rights

When you are called in to meet with your supervisor, do you know what rights you have as an employee?
You have the RIGHT to ask what the meeting is about, and what will be discussed.

If the meeting is disciplinary, accusatory, or investigatory in nature, you have the RIGHT to have a Union representative present.

If your Union representative is not available, you have the RIGHT to ask that the meeting be rescheduled to another time when your representative is available.

If your supervisor orders you to attend the meeting, follow these steps:
1. Attend the meeting to avoid being accused of insubordination;
2. As the meeting begins, inform the person conducting the meeting that (a) you are there under protest; (b) you intend to file a grievance because you were denied your right to have your representative present; and (c) you will stay in the meeting but will not participate in any discussion (you have the RIGHT to remain silent). Be sure to take notes of what is said to you. Do not respond to questions or accusations!
If you attend a meeting that starts off being routine, but during the course of the meeting you feel you are being harassed, intimidated, accused, investigated or disciplined, you have the RIGHT to request that your representative be present for the rest of the meeting. If your request is denied, follow the steps above.
If your supervisor asks whether you agree to have the meeting tape-recorded or to have a stenographer present, you have the RIGHT to ask that this meeting NOT be conducted under those conditions. If your supervisor insists that the meeting be recorded, state on the record that you did not agree to this and then be silent.
You have the RIGHT to inspect any record relating to your own service. You may have a representative with you when you inspect your file. You may ask that material that is not accurate or complete be removed from your personnel file.
IF YOU DON'T KNOW WHAT YOUR RIGHTS ARE, AND DON'T INSIST THAT YOUR RIGHTS BE OBSERVED, YOU HAVE IN EFFECT GIVEN THEM UP!

Weingarten Rights NLRB v. Weingarten, 420 U.S. 251, 95 S.Ct. 959 (1975). If a supervisor calls you into a meeting, you may have reason to have your union representative present. THESE ARE YOUR RIGHTS You have the right to know the purpose or subject of the meeting.
If the meeting involves your employment, or an evaluation that you think might lead to discipline, reprimand or dismissal, you have the right to union representation.
If a shop steward is assigned to your unit or work site, make him/her aware of your meeting with management.
If you believe the line of discussion is moving toward discipline, reprimand or dismissal, you have the right to union representation.
If the purpose of the meeting is investigatory and could lead to discipline and you have requested union representation, the employer must stop the meeting or reschedule it until a representative is present.
If you request union representation and it is denied, you have the right to refuse to answer any questions that could be used against you. However, do NOT refuse to attend the meeting. Contact your representative or the Local 4056 Executive Board immediately!

REMEMBER YOU MUST INVOKE YOUR RIGHT TO UNION REPRESENTATION! Above courtesy of Public Employees Union Local 1 http://www.peu1.org/rights.html

1 comment:

AFGE Local 4056 said...

Good information. Use it and remember it.