Communication Workers of America Local 4008

Weingarten Rights

 Dear Member:

We wanted to share a little information with you about Weingarten Rights. They are rules that apply during investigatory interviews. An investigatory interview occurs when: (1) management questions an employee to obtain information; and (2) the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says. Investigatory interviews relate to such subjects as:

Absenteeism
Accidents
Compliance with work rules
Damage to company property
Drinking
Drugs
Falsification of records
Fighting
Insubordination
Lateness
Poor attitude
Poor work performance
Sabotage
Slowdowns
Theft
Violations of safety rules
Under the Supreme Court's Weingarten decision, when an investigatory interview occurs, these rules apply:

The employee may request union representation before or during the interview.
After the request, the employer must choose from among three options:
1. Grant the request and delay the questioning until the union representative arrives.
2. Deny the request and end the interview immediately.
3. Give the employee a choice of (a) having the interview without representation (usually a mistake) or (b) ending the interview.

If the employer denies the request for union representation, and questions the employee, it commits an unfair labor practice and the employee may refuse to answer.

 

 

 

 

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