Transcript WEINGARTEN RIGHTS - Washington County Teacher's

WEINGARTEN RIGHTS
T. Scott Miller
Maryland State Teachers Association
RIGHTS
The right of employees to have union
representation at investigatory interviews
was announced by the U.S. Supreme Court
in a 1975 case These rights have become
known as the Weingarten rights.
NLRB vs. Weingarten, Inc., 420 U.S. 251 (1975).
WHEN RIGHTS APPLY
• An investigatory interview occurs when a
supervisor questions an employee to
obtain information which could be used as
a basis for discipline or asks an employee
to defend his or her conduct.
SCOPE OF RIGHTS
management must inform the union
representative of the subject of the
interrogation. The representative must also
be allowed to speak privately with the
employee before the interview. During the
questioning, the representative can interrupt
to clarify a question or to object to confusing
or intimidating tactics.
WHEN RIGHTS APPLY
If an employee has a reasonable belief that
discipline or other adverse consequences
may result from what he or she says, the
employee has the right to request union
representation.
INVOKING RIGHTS
Management is not required
to inform the employee of his/her
Weingarten rights; it is the employees
responsibility to know and request.
MEMBERS ONLY
• By law, a member must invoke right to
representation and ask whether a meeting
is disciplinary in nature; involves an
issue that is disciplinary; or could
indirectly lead to discipline.
• By law, an administrator must respond
truthfully and must allow the member to
exercise the right to representation.
RIGHTS DURING INTERVIEW
While the interview is in progress, the union
representative cannot tell the employee
what to say but may advise them how
to answer a question. At the end of the
interview the union representative can add
information to support the employee's case.
RULES OF ENGAGEMENT
• Always, always, always, ask.
– Be safe rather than sorry.
• Stay firm and remain polite.
– Do not respond to questions and demand
representation.
– Document every possible detail.