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<blockquote data-quote="steward71" data-source="post: 828707" data-attributes="member: 31677"><p>Weingarten Rules of Supreme Court ruling in 1975:</p><p>Read this statement to management: </p><p>If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union respresentative, or officer or steward be present at this meeting. Until my representatiion arrives, I choose not to participite int his discussion. </p><p> </p><p>Basic quidelines covering the Use of Wiengarten:</p><p>1. You must ask for Union steward to be there.</p><p>2. Your employer is not under duty to tell you your rights. </p><p>3. You must make a clear request for union representation before or durning the interview. You can't be punished for asking. </p><p>4. The employer must either grant the request and delay the questiioning unitl the union person arrives, deny the request and end the interview at once or give the worker the chioce of going ahead without the representation or ending the interview now.</p><p>5. An employer who denies the worker's request and continues to ask questions is committing unfair labor practice (ULP). The worker can then legally refuse to answer questions in such circumstances. </p><p> If the supervior or (Super Sup) obey's the law and waits the following rules apply:</p><p>1. Once the steward arrives the supervisor must inform him or her about the subject matter, type of misconduct under discussion. </p><p>2. The steward and worker can talk privately before questioning.</p><p>3. The steward can speak durning the interview and if neccssary ask that questions be clarified. The steward cannot bargain over the purpose of the interview.</p><p>4. The steward can advise the worker on how to answer any or all questions, can object to improper questioning, the right once the questioning is ended to provide additional information.</p><p> </p><p>Be careful that you don't give Weingarten more power than it has. It does not extend to meetings where no questioning is involved but rather just one-way communication from the supervisor to the worker or discussion about the job performance. Unless you are under threat of discipline or you feel it may lead to discipline. </p><p> </p><p>Remember that workers do have the right to call Weingarten into play if they have any reasonable expectations that </p><p>disciplinary action MAY be taken. The Key here is MAY! </p><p>If you have the slightest concern about discipline you are the one who brings Weingarten into play. Don't fall for the games they play.</p></blockquote><p></p>
[QUOTE="steward71, post: 828707, member: 31677"] Weingarten Rules of Supreme Court ruling in 1975: Read this statement to management: If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union respresentative, or officer or steward be present at this meeting. Until my representatiion arrives, I choose not to participite int his discussion. Basic quidelines covering the Use of Wiengarten: 1. You must ask for Union steward to be there. 2. Your employer is not under duty to tell you your rights. 3. You must make a clear request for union representation before or durning the interview. You can't be punished for asking. 4. The employer must either grant the request and delay the questiioning unitl the union person arrives, deny the request and end the interview at once or give the worker the chioce of going ahead without the representation or ending the interview now. 5. An employer who denies the worker's request and continues to ask questions is committing unfair labor practice (ULP). The worker can then legally refuse to answer questions in such circumstances. If the supervior or (Super Sup) obey's the law and waits the following rules apply: 1. Once the steward arrives the supervisor must inform him or her about the subject matter, type of misconduct under discussion. 2. The steward and worker can talk privately before questioning. 3. The steward can speak durning the interview and if neccssary ask that questions be clarified. The steward cannot bargain over the purpose of the interview. 4. The steward can advise the worker on how to answer any or all questions, can object to improper questioning, the right once the questioning is ended to provide additional information. Be careful that you don't give Weingarten more power than it has. It does not extend to meetings where no questioning is involved but rather just one-way communication from the supervisor to the worker or discussion about the job performance. Unless you are under threat of discipline or you feel it may lead to discipline. Remember that workers do have the right to call Weingarten into play if they have any reasonable expectations that disciplinary action MAY be taken. The Key here is MAY! If you have the slightest concern about discipline you are the one who brings Weingarten into play. Don't fall for the games they play. [/QUOTE]
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