I apologize, this is a very lengthy newsletter, please take the time to read the information. Thank You!
Once again, the Support Staff remains busy. Members are either calling or sending emails to their building reps or myself on issues of concerns. Keep them coming. This is what we do!
Last week, Monday November 4, I had the opportunity to attend a Sussex County DSEA local meeting with Dom Zaffora of DSEA. The entire DSEA locals within Sussex County were invited. I met with other presidents and we discussed issues. I found it amazing how much each of the locals has in common!
Thursday November 7 we held our monthly executive meeting. Some of the topics that we discussed were the upcoming ESP Dinner at the Hooked Seafood and Martini Bar on November 20, 2013. Also a major concern to me and the support staff is the lack of communication with Bus Drivers. This past weekend, I called 11 bus drivers. One of my goals is to establish a bridge of communication with the drivers on their concerns. I have suggest on having a meeting after their morning runs.
This month’s newsletter I would like to inform the support staff on the Weingarten Rights. Now you may ask, “What in the world is he talking about?”
I believe that every support staff member should be aware of this!
Weingarten rights apply during investigatory interviews when a supervisor is questioning an employee to obtain information that could be used as grounds for discipline. When an employee believes such a meeting may lead to discipline, he/she has the right to request union representation.
These basic Weingarten rights stem from the Supreme Court’s decision:
1. The employee must request representation before or during the meeting.
2. After an employee makes the request, the supervisor has these choices:
a. grant the request and wait for the union representative’s arrival;
b. deny the request and end the meeting immediately; or
c. give the employee the choice of either ending the meeting or continuing without representation.
3. If the supervisor denies the request and continues to ask questions, the employee has a right to refuse to answer. In addition, the supervisor is committing an unfair labor practice.
HISTORY
Almost thirty years ago a counter clerk who worked for a J. Weingarten store in Houston, Texas, was questioned by her Employer for alleged theft. Although she was cleared in the investigation, she had been denied, after several requests, the presence of her Shop Steward during the questioning.
The Union representing her filed an unfair labor practice after the incident and, in the case NLRB v. J. Weingarten Inc., 1975, the Supreme Court ruled in the Union’s favor. An important new right for workers emerged from this decision: In the U.S. Supreme Court declared that unionized employees have the right to have a steward present during a meeting with management when the employee believes the meeting might lead to disciplinary action being taken against him/her. This case applies to workers in the private sector. Most public employees have similar rights, but the rules vary from state to state, so check your state’s labor laws.
Employee Rights in “Weingarten” Meetings
Beware that management is not obligated to inform employees of their Weingarten rights - employees must ask for them. Unlike Miranda rights - where police are required to tell a suspect of his/her right to an attorney, etc. - employees must ask for their Weingarten rights.
Some locals provide members with a wallet-sized card they can keep with them. If they find themselves in a meeting they believe may lead to discipline, they can read or hand the card to the supervisor.
Steward Rights in “Weingarten” Meetings
• Ask to be informed of the purpose of the meeting.
• Meet with the employee before the supervisor begins questioning the employee.
• If necessary, request clarification of a question before the employee responds.
• Offer advice to the employee on how to answer a question.
• Provide additional information to the supervisor after the meeting is over.
If called in to a “Weingarten” meeting, you should also: 1) take detailed notes on the questions asked and the answers given during the meeting; and 2) help the employee remain calm during the meeting, and remind the employee to keep answers short and truthful and not volunteer additional information.
Below is an example of a Weingarten Card. I would advice each member to print this out and cut this sample card!!!!
Sample Weingarten Card
If the discussion in this meeting could in any way lead to my being disciplined or terminated or impact on my personal working conditions, I request that my steward, local officer or union representative be present. Without union representation, I choose not to answer any further questions at this time.”
Below I included some Questions and Answers
Q: Can I have a Shop Steward present at any meeting I have with Management?
A: No, only when you have a reasonable belief that discipline will result from an investigatory meeting.
Q: What is an investigatory interview?
A: An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.
Q: Is Management obligated to remind me of my Weingarten rights prior to an investigatory meeting?
A: No, you must request a Steward’s presence. Management has no obligation to remind you of your right.
Q: What if I’m told to be in my Supervisor’s office at 10am but I do not know the nature of the meeting?
A: You have the right to know beforehand what the subject of the discussion will be. And, you have the right to consult (caucus) with your Steward before and during the meeting.
Q: What if a routine work meeting is taking place between my Supervisor and me, but the nature of the meeting suddenly changes?
A: You have the right to stop the meeting and call in a Steward at the point you believe you are being asked questions which could result in discipline. You cannot be punished for requesting a Steward’s presence.
Q: If I request a Steward, does the Employer have to comply?
A: The Employer must choose from among three options:
1. Grant the request and delay questioning until the Steward arrives and has a chance to consult privately with the employee; or
2. Deny the request and end the interview immediately; or
3. Give the employee a choice of having the interview without representation.
Q: What is the role of a Steward in an investigatory meeting?
A:
1. When a Steward arrives, the Supervisor must inform him/her of the subject matter of the interview, i.e. the type of action/misconduct for which discipline is being considered.
2. The Steward must be allowed a private pre-interview conference before the questioning begins.
3. The Steward must be allowed to speak during the interview.
4. The Steward can give advice on how the employee should answer questions.
Q: What if a Supervisor denies my request for a Steward?
A: If you are denied a steward’s presence and are still asked questions, the Employer commits an unfair labor practice and the employee has a right to refuse to answer. The supervisor cannot discipline the employee for such a refusal.
The following information is taken from DSEA Calendar that was handed out in 2012-2013.
Please follow the advice of DSEA!!!!!!!
1. Do not resign or abandon your work location.
2. Document, in writing, the incident.
3. Keep any records that relate to the incident.
4. Representation is strongly advised. You have a right to representation: “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 Association representative be present at the meeting. Without representation, I choose not to answer any question.”
5. Timeliness is important – don’t delay.
6. Use your contract as a guide. (I WILL SEND A COPY SEPRATE)
7. Follow orders unless there is potential for personal injury – you can grieve the orders later.
8. Call your UniServ Director (Joe Kirk) for help. All communication with your Association is strictly confidential.
Feel free to contact me on any issue that you may have. We have a long road ahead us, but if we all stick together as one body we can achieve our goals.
Reminder that the CHSSA has a web site at http://www.capehenlopenssa.org
DON’T FORGET THE ESP DINNER ON NOVEMBER 20, 2013
Thank you
Tim Eitner
