Weingarten Rights are rights an employee (of a workplace that has voted in the union) has to request a union rep when/before being submitted to an investigatory interview. The union rep will be there as a witness to things said during an interview.
1. Union members have the right to a union representative at an investigatory hearing if they reasonably believe that the investigation could lead to disciplinary action.
2. The member must request the union representative. Your employer does not have to tell the employee that they have a right to a union rep.
3. Management does not have to call the representative. Instead, the employer can stop the meeting or just issue the discipline. (Or the employee can request to continue the conversation when a representative is available).
4. Once a union rep is called, he/she has the following rights:
- to know why they are being investigated.
- to speak with the worker prior to the hearing
- to speak/participate in the hearing.
BUT, the union rep cannot argue the case.
5. An employee cannot choose which union representative they would like to represent him/her:
- a union rep will be called, if available;
- if not, the nearest available rep will be brought in
- if the employer is responsible for the representative not being available,
then the supervisor must end the meeting until the representative is
available;
- if the union is responsible for the representative not being available, then another representative or employee can be brought in, unless the supervisor chooses to postpone the meeting.
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13 Oct 2023 - 15:00:41