LABOR BITS & PIECES

The Weingarter Rights is part of the National Labor Relations Association protection to allow employees to request assistance from the Union during investigations or interviews.

1. They apply only when management questions an employee to obtain information, and the employee has a reasonable belief that adverse consequences may result. This includes telephone interviews.
2. The employee can request a Union rep before or at any time during the interview.
3. Once representation is asked for the company has three options:
   1. Delay the meeting until the rep arrives
   2. Deny the request and end the meeting
   3. Give the employee the choice to continue the meeting or end it.
4. All members should have a blue Weingarter card. Simply present it to the company and say no more. Cards are available from the Union office.

If you see a worker being questioned in a supervisor’s office, you can insist on admission to the meeting if it appears to be a Weingarter interview. The employee involved must be allowed to indicated whether or not they want a steward present.

Management does not have the delay a meeting for a request for a choice of steward, but if two reps are equally available, an employee request must be honored.

A Union rep may not obstruct an investigation by telling people not to answer questions. If the employee doesn’t know the answer or can’t recall, he/she should simply say that. Some tips:

1. Steward can speak during the interview, but can’t insist it ends.
2. Steward is allowed to advise and assist in presenting facts when he/she arrives.
3. Company must inform steward of subject matter or misconduct being investigated.
4. Steward is allowed a private meeting with employee before the interview.
5. Steward can object to confusing questions and ask for clarification.
6. Steward can advise not answer questions that are abusive , harassing or misleading.
7. When questions ends, the steward can provide information to justify the employee conduct.
8. ABOVE ALL – TAKE NOTES