Question regarding Weingarten Rights

[GenericUsername]

Hey everyone. I'm reading up right now as I'm working on protest letters, grievances, etc and am looking at (https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/weingarten-rights) right now.

A quick question I have to someone more versed: If [employee] was pulled into an office with a supervisor and a union steward already present does that fulfill everything already? Or am I reading it right that [employee] should have been contacted prior to being pulled into the office and not blindsided with paperwork that was pulled out of a stack?

From what I'm understanding (and I'm maybe wrong here) is that the employee has a right to know what the disciplinary meeting is about prior and should have the ability to choose his own representation rather than having the steward already in the room. In the question above, [employee] was pulled into the office, had warning letter(s) pulled out of a stack, reviewed, then given warning with stewards present.

Your help is appreciated, thanks in advance.

 

[zubenelgenubi]

Hey everyone. I'm reading up right now as I'm working on protest letters, grievances, etc and am looking at (Weingarten Rights | National Labor Relations Board) right now.

A quick question I have to someone more versed: If [employee] was pulled into an office with a supervisor and a union steward already present does that fulfill everything already? Or am I reading it right that [employee] should have been contacted prior to being pulled into the office and not blindsided with paperwork that was pulled out of a stack?

From what I'm understanding (and I'm maybe wrong here) is that the employee has a right to know what the disciplinary meeting is about prior and should have the ability to choose his own representation rather than having the steward already in the room. In the question above, [employee] was pulled into the office, had warning letter(s) pulled out of a stack, reviewed, then given warning with stewards present.

Your help is appreciated, thanks in advance.

That's not an investigation, they already decided to discipline. As far as I know, the steward doesn't have to be there. Only thing to do at that point is grieve the discipline. If I were a steward in that situation I would be asking about the investigation that was done, and upon what evidence the company decided to issue discipline when they never even questioned the employee.

I was once written up for "harassing" a safety manager, who was, in fact, harassing and intimidating me for my choices to be the person most responsible for my own safety. No one bothered to get my side. This place is run by petty, vindictive children.

 

[zubenelgenubi]

Uh oh, a union official doesn't understand Weingarten rights? I'm shocked!

Weingarten Rights | National Labor Relations Board

The Right to Request Representation During an Investigatory Interview Section 7 of the National Labor Relations Act (NLRA) protects employees’ right to “self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to...

www.nlrb.gov

What types of meetings are not covered by the Weingarten rule?

• Meetings about disciplinary decisions that have already been made. If an employer has made a final decision on a disciplinary action, a meeting with an employee to inform them of that decision is not considered investigatory. In the same vein, if an employee initiates a meeting to discuss a disciplinary action that they have experienced, that meeting is not investigatory in nature because any discipline that the employee has experienced has already occurred.

 

[Sacrificial Lamb]

Hey everyone. I'm reading up right now as I'm working on protest letters, grievances, etc and am looking at (Weingarten Rights | National Labor Relations Board) right now.

A quick question I have to someone more versed: If [employee] was pulled into an office with a supervisor and a union steward already present does that fulfill everything already? Or am I reading it right that [employee] should have been contacted prior to being pulled into the office and not blindsided with paperwork that was pulled out of a stack?

From what I'm understanding (and I'm maybe wrong here) is that the employee has a right to know what the disciplinary meeting is about prior and should have the ability to choose his own representation rather than having the steward already in the room. In the question above, [employee] was pulled into the office, had warning letter(s) pulled out of a stack, reviewed, then given warning with stewards present.

Your help is appreciated, thanks in advance.

You have the right to request a steward/member/person affiliated with the union of your choosing since there is a duty of fair representation. The company not honoring that has violated your Weingarten Rights. Currently fighting a member’s termination over that technicality. As for your other question I don’t know.

 

[Sacrificial Lamb]

Uh oh, a union official doesn't understand Weingarten rights? I'm shocked!

Weingarten Rights | National Labor Relations Board

The Right to Request Representation During an Investigatory Interview Section 7 of the National Labor Relations Act (NLRA) protects employees’ right to “self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to...

www.nlrb.gov

What types of meetings are not covered by the Weingarten rule?

• Meetings about disciplinary decisions that have already been made. If an employer has made a final decision on a disciplinary action, a meeting with an employee to inform them of that decision is not considered investigatory. In the same vein, if an employee initiates a meeting to discuss a disciplinary action that they have experienced, that meeting is not investigatory in nature because any discipline that the employee has experienced has already occurred.

Beat me to it. Lol

 

[GenericUsername]

Uh oh, a union official doesn't understand Weingarten rights? I'm shocked!

Weingarten Rights | National Labor Relations Board

The Right to Request Representation During an Investigatory Interview Section 7 of the National Labor Relations Act (NLRA) protects employees’ right to “self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to...

www.nlrb.gov

What types of meetings are not covered by the Weingarten rule?

• Meetings about disciplinary decisions that have already been made. If an employer has made a final decision on a disciplinary action, a meeting with an employee to inform them of that decision is not considered investigatory. In the same vein, if an employee initiates a meeting to discuss a disciplinary action that they have experienced, that meeting is not investigatory in nature because any discipline that the employee has experienced has already occurred.

Just a member trying to properly interpret things and not be ill informed. Imagine being a D* about it on the internet to someone who reached out for guidance from others who actually spend time on this kind of stuff more than the others. I hope your Mom is proud of you.

 

[GenericUsername]

That's not an investigation, they already decided to discipline. As far as I know, the steward doesn't have to be there. Only thing to do at that point is grieve the discipline. If I were a steward in that situation I would be asking about the investigation that was done, and upon what evidence the company decided to issue discipline when they never even questioned the employee.

I was once written up for "harassing" a safety manager, who was, in fact, harassing and intimidating me for my choices to be the person most responsible for my own safety. No one bothered to get my side. This place is run by petty, vindictive children.

See, that's the thing. It wasn't ever brought to my attention I was being given a warning letter for anything. All I received was a "Be at work on X day 10 minutes early" message. The two stewards in the room would not even be my 3rd or 4th choice of stewards.

 

[...]

Just a member trying to properly interpret things and not be ill informed. Imagine being a D* about it on the internet to someone who reached out for guidance from others who actually spend time on this kind of stuff more than the others. I hope your Mom is proud of you.

He's not talking about you.

 

[Bubblehead]

Uh oh, a union official doesn't understand Weingarten rights? I'm shocked!

I know about Weingarten, but also know that at UPS bargaining unit employees enjoy enhanced rights per our collective bargaining agreements.

Here is such enhanced rights under the Central Region Supplement.

Maybe you should have asked the OP where they work?

 

[Bubblehead]

That's not an investigation, they already decided to discipline. As far as I know, the steward doesn't have to be there. Only thing to do at that point is grieve the discipline.

See why I disagreed now?

 

[oldngray]

I know about Weingarten, but also know that at UPS bargaining unit employees enjoy enhanced rights per our collective bargaining agreements.

Here is such enhanced rights under the Central Region Supplement.

Maybe you should have asked the OP where they work?

View attachment 412264

The company will sometimes try to have their favorite yes man steward there instead of the one the employee might prefer.

 

[GenericUsername]

The company will sometimes try to have their favorite yes man steward there instead of the one the employee might prefer.

This was the case. I walked in without knowing what was going on.

Maybe you should have asked the OP where they work?

Southern Supplement

 

[Bubblehead]

This was the case. I walked in without knowing what was going on.

Your steward is entitled to take you out of the room for a caucus at any time and should have done so as soon as you were both made aware the issue(s) the Company was trying to address if you weren't informed prior.

I'm sorry that didn't happen.

Do you elect your stewards or are they appointed by the local?

Southern Supplement

I'm not familiar with the Southern Supplement but would hope there is similar enhancements to what I showed you in the Central Region.

If not, there is a good proposal for the upcoming negotiations.

 

[GenericUsername]

Your steward is entitled to take you out of the room for a caucus at any time and should have done so as soon as you were both made aware the issue(s) the Company was trying to address if you weren't informed prior.

I'm sorry that didn't happen.

Do you elect your stewards or are they appointed by the local?

I'm not familiar with the Southern Supplement but would hope there is similar enhancements to what I showed you in the Central Region.

If not, there is a good proposal for the upcoming negotiations.

They took their favorite yes man preload steward and a fresh driver steward who is still learning. Neither of them said a thing. Stewards appointed by local.

I will say that there was zero questioning of myself in the process of my on road deciding for the warning letter.

 

[Sacrificial Lamb]

This was the case. I walked in without knowing what was going on.

Southern Supplement

Check your supplements. You may be able to file for a ULP for the Weingarten violation.

 

[zubenelgenubi]

I know about Weingarten, but also know that at UPS bargaining unit employees enjoy enhanced rights per our collective bargaining agreements.

Here is such enhanced rights under the Central Region Supplement.

Maybe you should have asked the OP where they work?

View attachment 412264

Lol, That's literally nothing different It's an written statement that both the company and the union acknowledge Weingarten rights.

 

[zubenelgenubi]

See why I disagreed now?

Well, I knew why you disagreed, because you are wrong.


I also like how you think what the NRLB says about it is creative. Please, please never represent me.

 

[zubenelgenubi]

See, that's the thing. It wasn't ever brought to my attention I was being given a warning letter for anything. All I received was a "Be at work on X day 10 minutes early" message. The two stewards in the room would not even be my 3rd or 4th choice of stewards.

The decision was already made to discipline you. They didn't care about your side of the story. You have a right to representation when being interviewed as part of an investigation. That interview never happened. Like I said, we work for petty, vindictive children.

 

[burrheadd]

Just a member trying to properly interpret things and not be ill informed. Imagine being a D* about it on the internet to someone who reached out for guidance from others who actually spend time on this kind of stuff more than the others. I hope your Mom is proud of you.

Don’t mind him he’s a dick

 

[zubenelgenubi]

I will say that there was zero questioning of myself in the process of my on road deciding for the warning letter.

That's what I mean when I say this wasn't an interview, their investigation didn't involve asking you any questions. The decision to discipline was already made. Weingarten only guarantees the right to representation when you are being interviewed as part of an investigation that could lead to discipline.