Weingarten Rights
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Posted On: Oct 11, 2007 (10:20:07)
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As a union member, I would like to take a moment and remind you of one of your most protected rights, the Weingarten Rights. The United States Supreme Court ruled that the National Labor Relations Act gives workers the right to request Union representation during investigatory interviews by supervisors, security personnel, and other managerial staff. An investigatory interview occurs if 1) management questions you to obtain information; and 2) you have reasonable apprehension that your answers could be used as a basis for discipline or other adverse action.1 YOU MUST ASK FOR UNION REPRESENTATION either before or during an investigatory interview. Management does not have to remind you of this right. Your Union recommends to you to ask for a Union Steward anytime any management personnel wants to talk to you or wants to see you in the office. If a steward is not available, then request management contact someone from Human Resources immediately. At this point, the Company should not continue with any type of investigation or questioning. If your request is refused and management continues asking questions, you may refuse to answer. Your employer is guilty of an unfair labor practice and charges may be filed. If you are called to a meeting and the Company does not follow the above procedure, then state the following: If this interview could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectively 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.2 Fraternally yours: Gary O. Nimmo President & Principal Officer 1 Weingarten Rights NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689 Presentation Card 2 Weingarten Rights NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689 Presentation Card
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Page Last Updated: Oct 16, 2007 (15:13:04)
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