YOUR EXECUTIVE BOARD REMINDS YOU OF : THE LEGAL RIGHT TO UNION REPRESENTATION DURING AN INVESTIGATORY INTERVIEW - "WEINGARTEN RIGHTS"

HOW IT WORKS: The following are the general rules on "Weingarten" rights.

1. An employee's right to representation in an interview applies to situations where the employee reasonably believes the investigation at the interview will result in discipline.
2. In this kind of situation the employee is entitled to union representation.
3. The employee MUST CLEARLY REQUEST representation in order to claim this right (there is no right to representation unless an employee request it and the employer has no duty to inform the employee of this).
4. An employer does not have to grant a "Weingarten" request. Once an employee makes a request for union representation, an employer has three options: (a) the employer may grant the request. (b) the employer may deny the request and stop the investigatory interview immediately. (c) the employer may give the employee the option of continuing the interview without a representative or discontinuing the interview.

The proper way to make this request is to say these words: "If this discussion could in any way lead to my being disciplined or terminated or cause an effect on my personal working conditions, I respectfully request that my Union Representative be present at this meeting"

WHERE THE RIGHT COMES FROM: The National Labor Relations Act and Act 195 say that employees have the right to engage in "concerted activities for the purpose of collective bargaining or other mutual aid or protection." Included within this is the right to have union representation at an investigatory interview.

WHAT THE RIGHT IS: If an employee is called in for an interview, discussion or conversation with management and the employee reasonably believes that what is said at the interview may result in him/her being disciplined, then the employee has the right to demand union representation at the interview.