I am a Chief Steward at our workplace.
Here is what I am sending out today as a reminder.
This is one of many benefits of having a unionized workplace.
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Fellow Teamster Brothers and Sisters,
It's important that we exercise our right to representation not only for us as members but for the strength of our union as a whole. It is very difficult to piece together a defense after an employee has been sequestered and many times divulged regretful or misinterpreted information to management.
It is imperative that you do NOT enter alone into discussions with anyone in management when details of that discussion could lead to disciplinary action being taken against you.
For instance, when you are approached for discussion or a meeting you need to ask your Supervisor "could this lead to disciplinary action being taken against me?" Your Supervisor (or anyone else in management who might ask to question you) must answer the question truthfully, it is the law.
If the answer is "yes" then you should request your Weingarten Rights be upheld by having a union representative present during such a meeting, then contact me, or a Steward of your choice.
If the answer is "no", you then enter into discussions alone, and it turns out to be true then you should immediately stop the meeting and reschedule it for when a Steward can be present. You can stop a meeting like this WITHOUT fear of discipline due to the fact that it is your legal right to do so.
Here is an overview of Weingarten:
WEINGARTEN RIGHTS:
In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a NLRB decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
During an investigatory interview, the Supreme Court ruled that the following rules apply:
RULE 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
RULE 2: After the employee makes the request, the employer must choose from among three options. The Employer must either: grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; deny the request and end the interview immediately; or give the employee a choice of having the interview without representation or ending the interview.
RULE 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
I cannot express strongly enough how important Weingarten is.
This is your best first-line defense to protect your career.
No matter how "innocent" a meeting may appear we need to always remember that one thing can lead to another.
Please contact me if you need more advice, representation, or information.
In Solidarity,
~name~
Chief Steward
Cell: XXX
Email: XXX
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