{"id":54,"date":"2019-03-20T16:45:29","date_gmt":"2019-03-20T16:45:29","guid":{"rendered":"http:\/\/wcsu.wpengine.com\/suoaf\/?page_id=54"},"modified":"2020-09-09T14:29:01","modified_gmt":"2020-09-09T18:29:01","slug":"weingarten-rights","status":"publish","type":"page","link":"https:\/\/www.wcsu.edu\/suoaf\/weingarten-rights\/","title":{"rendered":"Weingarten Rights"},"content":{"rendered":"

\"\"WCSU SUOAF-AFSCME<\/span><\/span><\/h1>\n

 <\/p>\n

\n

Weingarten Rights<\/span><\/strong><\/h1>\n<\/blockquote>\n

In 1975, the U.S. Supreme Court, when deciding the case NLRB v. Weingarten, ruled that an employee has a right to Union Representation during an investigatory interview. This right is known as “Weingarten.”<\/span><\/p>\n

The employer is not obligated to inform the employee of his\/her right to Union Representation. The employee is responsible for exercising his\/her “Weingarten” rights when he\/she believes that discipline or some adverse consequence may occur as a result of answering the questions of a supervisor or manager.<\/span><\/p>\n

\n

If you are being subjected to an investigatory interview, state the following to management:<\/span><\/strong><\/h1>\n

“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 Representative, Union Officer, or Union Steward be present at this meeting. Without Union representation present, I choose not to participate in this discussion.”<\/span><\/p>\n

An investigatory interview occurs when:<\/strong><\/span><\/p>\n

    \n
  1. \n
      \n
    1. Management questions an employee to obtain information, and<\/li>\n
    2. The employee has a reasonable belief that discipline or other adverse consequence may result from what he\/she says.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n


      \nWhen an employee exercises his\/her “Weingarten” rights prior to or during the investigatory interview, management has three options:<\/strong><\/p>\n

        \n
      1. Stop questioning until Union Representation arrives<\/li>\n
      2. Call off the interview or,<\/li>\n
      3. Tell the employee that the interview will be called off unless the employee voluntarily gives up his\/her right to Union Representation (an option the employee is strongly encouraged to always refuse)<\/li>\n<\/ol>\n

        The Union Steward has the following “Weingarten” rights:<\/strong><\/h1>\n
          \n
        1. The right to find out from management what the interview is about<\/span><\/li>\n
        2. The right to meet privately with the employee prior to the interview<\/span><\/li>\n
        3. The right to speak and ask questions of management during the interview<\/span><\/li>\n
        4. The right to assist the union member in answering questions<\/span><\/li>\n
        5. The right to object to abusive or harassing questions<\/span><\/li>\n<\/ol>\n
          <\/h5>\n","protected":false},"excerpt":{"rendered":"

          WCSU SUOAF-AFSCME   Weingarten Rights In 1975, the U.S. Supreme Court, when deciding the case NLRB v. Weingarten, ruled that an employee has a right to Union Representation during an investigatory interview. This right is known as “Weingarten.” The employer …<\/p>\n","protected":false},"author":143,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"left-navigation.php","meta":{"footnotes":""},"class_list":["post-54","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.wcsu.edu\/suoaf\/wp-json\/wp\/v2\/pages\/54","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.wcsu.edu\/suoaf\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.wcsu.edu\/suoaf\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.wcsu.edu\/suoaf\/wp-json\/wp\/v2\/users\/143"}],"replies":[{"embeddable":true,"href":"https:\/\/www.wcsu.edu\/suoaf\/wp-json\/wp\/v2\/comments?post=54"}],"version-history":[{"count":0,"href":"https:\/\/www.wcsu.edu\/suoaf\/wp-json\/wp\/v2\/pages\/54\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.wcsu.edu\/suoaf\/wp-json\/wp\/v2\/media?parent=54"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}