Workplace and the Law

Right to Representation

Weingarten Rights

1975 Supreme Court decision

NLRB v. J. Weingarten, Inc.

Protects almost all private sector, federal, and many state an local public sector

Conditions must be met

Weingarten Conditions

Meeting is investigatory interview

Disciplinary action may result from meeting

Employee reasonably believes disciplinary action will result

Request must be made for representation

Advocate Responsibilities

Learn the nature of the investigation

Pre-interview consultation

Right to participate

Write it down

Weingarten Card

WEINGARTEN CARD

(If called to a meeting with management, read the followingor present this card to management when the meetingbegins.)

If this discussion could in any way lead to my beingdisciplined or terminated, or affect my personal workingconditions, I respectfully request that my unionrepresentative, officer, or steward be present at this meeting.Until my representative arrives, I choose not to participate inthis discussion.

Advocate – Member Confidentiality

Member –Steward privilege Supported by the NLRB

Right to Pursue Grievances

Employer may not make intimidating statements

Employer may not retaliate

Employer can’t increase discipline

Employer can’t offer special favors

Employer can’t require advocate to disclose notes

Employer can’t tear up grievance

Employer can’t refuse to meet with particular steward

Right to Information

Factual information

Data

General inquires

Disciplinary grievances

Contractual interpretation grievances

Promotion Grievances

Past Practice Grievances

Typical Employer Excuses

Union can get information from employees

Request is too large

Information has been posted

Grievance is not arbitrable

Union can subpoena information

Materials are privileged

Information Considerations

Confidentiality claims

Time frames and deadlines

Filing Charges

Documents