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Weingarten Rights - Right to union representation
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<blockquote data-quote="TooTechie" data-source="post: 1513983" data-attributes="member: 28388"><p>You're not a steward so you don't write the grievance, but a steward may investigate and file grievances on the clock. Your steward will ask you for a statement. </p><p></p><p>To clarify what I wrote above (I edited it for posterity sake), under Weingarten you have the right to refuse to answer any questions if the company does not provide a requested steward, however Weingarten itself doesn't give you the right to leave such a meeting, only to refuse to answer. My BA has always said to tell members to get out of the room if a sup tries this and won't agree to provide a steward as there is no witness and the sup can say anything was said/happened. Use caution with that though because you don't have a legal right to leave the area/end the meeting--it's just what our BA says. He actually gets upset if a steward goes into a room 1-on-1 with management to discuss an issue as there is no witness. To answer your question: it wouldn't be job abandonment as you're not leaving work--it could be construed as insubordination in some situations, however once a grievance and/or a ULP was filed, it would be unlikely they'd push that point if a sup had refused you a steward. </p><p></p><p>When your sup attempted to discourage you from having a steward present and suggested the discipline would be more severe, he violated Section 8(a)(1) of the National Labor Relations Act of 1935. This violation is specifically referred to as "attempt to dissuade" and is an unfair labor practice.</p><p></p><p>It's also good to note that Weingarten doesn't apply in situations where the meeting is just to advise you that you're being disciplined. If it is not an investigatory meeting where any questions are asked, Weingarten doesn't apply. You should still request a steward and it's UPS' policy to provide one if asked, but strictly speaking, Weingarten doesn't apply in that type of meeting. Once questions start getting asked though, then all bets are off and Weingarten applies again.</p><p></p><p>By the way, if Weingarten applies and you request a specific steward who isn't available, but they offer you another steward, Weingarten requires that management must end the meeting if you do not agree to the other steward. It would probably piss off a BA and the other steward if you pulled that, but just letting you know about that loop hole in the law.</p></blockquote><p></p>
[QUOTE="TooTechie, post: 1513983, member: 28388"] You're not a steward so you don't write the grievance, but a steward may investigate and file grievances on the clock. Your steward will ask you for a statement. To clarify what I wrote above (I edited it for posterity sake), under Weingarten you have the right to refuse to answer any questions if the company does not provide a requested steward, however Weingarten itself doesn't give you the right to leave such a meeting, only to refuse to answer. My BA has always said to tell members to get out of the room if a sup tries this and won't agree to provide a steward as there is no witness and the sup can say anything was said/happened. Use caution with that though because you don't have a legal right to leave the area/end the meeting--it's just what our BA says. He actually gets upset if a steward goes into a room 1-on-1 with management to discuss an issue as there is no witness. To answer your question: it wouldn't be job abandonment as you're not leaving work--it could be construed as insubordination in some situations, however once a grievance and/or a ULP was filed, it would be unlikely they'd push that point if a sup had refused you a steward. When your sup attempted to discourage you from having a steward present and suggested the discipline would be more severe, he violated Section 8(a)(1) of the National Labor Relations Act of 1935. This violation is specifically referred to as "attempt to dissuade" and is an unfair labor practice. It's also good to note that Weingarten doesn't apply in situations where the meeting is just to advise you that you're being disciplined. If it is not an investigatory meeting where any questions are asked, Weingarten doesn't apply. You should still request a steward and it's UPS' policy to provide one if asked, but strictly speaking, Weingarten doesn't apply in that type of meeting. Once questions start getting asked though, then all bets are off and Weingarten applies again. By the way, if Weingarten applies and you request a specific steward who isn't available, but they offer you another steward, Weingarten requires that management must end the meeting if you do not agree to the other steward. It would probably piss off a BA and the other steward if you pulled that, but just letting you know about that loop hole in the law. [/QUOTE]
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