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WEINGARTEN RIGHTS

WEINGARTEN RIGHTS. T. Scott Miller Maryland State Teachers Association. RIGHTS. The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case These rights have become known as the Weingarten rights.

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WEINGARTEN RIGHTS

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  1. WEINGARTEN RIGHTS T. Scott Miller Maryland State Teachers Association

  2. RIGHTS The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case These rights have become known as the Weingarten rights. NLRB vs. Weingarten, Inc., 420 U.S. 251 (1975).

  3. WHEN RIGHTS APPLY • An investigatory interview occurs when a supervisor questions an employee to obtain informationwhich could be used as a basis for discipline or asks an employee to defend his or her conduct.

  4. SCOPE OF RIGHTS management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.

  5. WHEN RIGHTS APPLY If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation.

  6. INVOKING RIGHTS Management is not required to inform the employee of his/her Weingarten rights; it is the employees responsibility to know and request.

  7. MEMBERS ONLY • By law, a member must invoke right to representation and ask whether a meeting is disciplinary in nature; involves an issue that is disciplinary; or could indirectly lead to discipline. • By law, an administrator must respond truthfully and must allow the member to exercise the right to representation.

  8. RIGHTS DURING INTERVIEW While the interview is in progress, the union representative cannot tell the employee what to say but may advise them how to answer a question. At the end of the interview the union representative can add information to support the employee's case.

  9. RULES OF ENGAGEMENT • Always, always, always, ask. • Be safe rather than sorry. • Stay firm and remain polite. • Do not respond to questions and demand representation. • Document every possible detail.

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