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A Call to Arms
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<blockquote data-quote="upsmanckp" data-source="post: 312492" data-attributes="member: 12030"><p><strong>The Right to Representation - Weingarten Rights</strong></p><p></p><p> "The National Labor Relations Act's protection of concerted activity includes <em>the right to request assistance from union representatives during investigatory interviews.</em>"</p><p> The right to have a witness present during an investigatory interview extends to all employees <em>union or non union</em>. The United States Supreme Court declared this in 1975 in the <u>National Labor Relations Board vs. J. Weingarten</u> case. The rights announced by the Court have become known as Weingarten rights, and they extend to all workers covered under the <u>National Labor Relations Act</u> (different standards may apply to workers not covered under the NLRA). Unions educate their members about the advantages of having a steward present at an investigatory interview.</p><p> These include the ability of the steward, delegate, or employee selected representative to:</p><p> <ul> <li data-xf-list-type="ul">Serve as a witness to prevent a supervisor from giving a false account of the conversation Object to intimidation tactics or confusing questions.</li> <li data-xf-list-type="ul">Help an employee to avoid making fatal admissions.</li> <li data-xf-list-type="ul">Advise an employee when appropriate against denying everything thereby giving the appearance of dishonesty and guilt.</li> <li data-xf-list-type="ul">Warn an employee against losing their temper.</li> <li data-xf-list-type="ul">Discourage an employee from informing on others; and</li> <li data-xf-list-type="ul">Raise extenuating factors.</li> </ul><p>Steward's Rights Employers sometimes assert that the only function of a steward at an investigatory interview is to observe the discussion in other words - to be a silent witness. <em>That is incorrect!</em> When the steward arrives at the meeting:</p><p> <ul> <li data-xf-list-type="ul">The supervisor or manager must inform the steward of the subject matter of the interview: in other words, the type of misconduct being investigated;</li> <li data-xf-list-type="ul">The steward must be allowed to have a private meeting with the employee before question begins;</li> <li data-xf-list-type="ul">The steward can speak during the interview, but cannot insist that the interview be ended;</li> <li data-xf-list-type="ul">The steward can object to a confusing question and can request that the question be clarified so that the employee understands what is being asked;</li> <li data-xf-list-type="ul">The steward can advise the employee not to answer questions that are abusive, misleading, badgering or harassing;</li> <li data-xf-list-type="ul">When the questioning ends, the steward can provide information to justify the employee.s conduct.</li> </ul><p> Finally, take note: <em>you have the right not to engage in compromising conversations with your employer, even if the emploer claims it is for your benefit or your coworker's benefit.</em></p></blockquote><p></p>
[QUOTE="upsmanckp, post: 312492, member: 12030"] [B]The Right to Representation - Weingarten Rights[/B] "The National Labor Relations Act's protection of concerted activity includes [I]the right to request assistance from union representatives during investigatory interviews.[/I]" The right to have a witness present during an investigatory interview extends to all employees [I]union or non union[/I]. The United States Supreme Court declared this in 1975 in the [U]National Labor Relations Board vs. J. Weingarten[/U] case. The rights announced by the Court have become known as Weingarten rights, and they extend to all workers covered under the [U]National Labor Relations Act[/U] (different standards may apply to workers not covered under the NLRA). Unions educate their members about the advantages of having a steward present at an investigatory interview. These include the ability of the steward, delegate, or employee selected representative to: [LIST] [*]Serve as a witness to prevent a supervisor from giving a false account of the conversation Object to intimidation tactics or confusing questions. [*]Help an employee to avoid making fatal admissions. [*]Advise an employee when appropriate against denying everything thereby giving the appearance of dishonesty and guilt. [*]Warn an employee against losing their temper. [*]Discourage an employee from informing on others; and [*]Raise extenuating factors.[/LIST]Steward's Rights Employers sometimes assert that the only function of a steward at an investigatory interview is to observe the discussion in other words - to be a silent witness. [I]That is incorrect![/I] When the steward arrives at the meeting: [LIST] [*]The supervisor or manager must inform the steward of the subject matter of the interview: in other words, the type of misconduct being investigated; [*]The steward must be allowed to have a private meeting with the employee before question begins; [*]The steward can speak during the interview, but cannot insist that the interview be ended; [*]The steward can object to a confusing question and can request that the question be clarified so that the employee understands what is being asked; [*]The steward can advise the employee not to answer questions that are abusive, misleading, badgering or harassing; [*]When the questioning ends, the steward can provide information to justify the employee.s conduct.[/LIST] Finally, take note: [I]you have the right not to engage in compromising conversations with your employer, even if the emploer claims it is for your benefit or your coworker's benefit.[/I] [/QUOTE]
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