What to do if you think you're in trouble: Don't say too much and don't say anything to incriminate yourself. Write down the facts and witnesses if any.
Your Weingarten Rights: An employee who reasonably believes that an investigatory interview could lead to discipline is entitled to ask for union representation. An investigatory interview is a meeting with management at which the employee will be questioned or asked to explain his or her conduct, and which could lead to disciplinary action against the employee. The employer is not obligated to inform employees of theirWeingartenrights or to ask whether an employee would like a union rep at a meeting or interview. The employee must affirmatively request union representation.
The Employer’s Options Once an employee requests representation, the employer may not proceed with the interview without the union representative. However, the employee need not conduct the interview at all: It may interview the employee with the union rep present, or refuse to allow the union rep and discontinue the interview, carrying on its investigation by other means.
The Role of the Union Representative The employer is under no duty to bargain with the union representative at the investigatory interview. The rep is present only to assist the employee. For example, the rep can clarify the facts, provide additional information, or suggest possible witnesses. The employer is free to insist that the employee provide his or her own version of the events under investigation.
Although some employers believe they are required only to allow a union rep to observe the interview without participating,Weingartenclearly gives employees the right to assistance from the rep. At the same time, however, a rep who consistently interrupts the proceedings or instructs an employee not to answer questions has likely overstepped his or her authority.
Knowledge is power. See if you have a case first by getting all of your facts together and then compare it to the Collective Bargaining Agreement (The Blue Contract Book.) If you feel that you indeed have a valid case for a grievance, then please fill out the form below and we will contact you for further details and to set up a meeting with you.