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NLRB
decision expanded to cover both Union and Nonunion Employees.
EMPLOYEE RIGHTS UNDER THE WEINGARTEN RULE:
Any
employee who is called to an interview with their employer -- which may
lead to some disciplinary action, is entitled to Union or * Coworker representation
-- present during an Investigatory Interview ...
* If the employee reasonably believes it will result in disciplinary
action.
* Seeking representation in a confrontation with an employer, the court
said is protected activity within the meaning of Section 7 of the
National Labor Relations Act ... Now applies to nonuion employees also!
Court Added Limitations:
1. The right only arises when the employee requests representation;
Your Weingarten statement: "I'm now requesting
representation and to have a fellow coworker present at my
Investagoatory Interview!"
2. Exercise of the right may not interfere with "legitimate
employer prerogatives," such as the employer's right to conduct an
interview without undue delay;
3. An employer need not justify its refusal to permit representation,
but may go forward with the investigation from other Sources;
4. The employer is under no duty to bargain with the representative
during an investigatory interview and may insist on hearing only the
employee's account of the matter being investigated.
(There is, of course, a duty to bargain during a disciplinary interview,
or grievance hearing.) That is why we are seeking union representation!
NLRB
has expanded the rights:
PRIOR
CONSULTATION: The right to representation at a disciplinary interview
includes a right of prior consultation between the employee and the
representative ...
REFUSAL TO PARTICIPATE: An employee may refuse to participate in an
investigatory interview where a request for representation has been made
and denied, However,
DON'T LEAVE THE MEETING WITHOUT PERMISSION ESPECIALLY IF YOU ARE CALLED
IN FOR "ON THE CLOCK" COUNSELING SESSIONS:
The right to representation may be invoked at counseling sessions
held by an employer to discuss production quotas where such sessions
were "A preliminary step to the imposition of Discipline."
The Board has also said that the Weingarten rules does not apply to
the "run of the mill" shop floor conversations where
instructions are given or work techniques are corrected and there is no
reasonable basis for an employee to fear an "Adverse Impact"
from the interview.
INTERFERENCE WITH EMPLOYEE RIGHTS:
AN EMPLOYER HAS UNLAWFULLY INTERFERED WITH AN EMPLOYEE'S RIGHT TO
REPRESENTATION AT AN INTERVIEW --
BY THREATENING THE INDIVIDUAL THAT THE EXERCISE OF THIS RIGHT WOULD
RESULT IN MORE SEVERE DISCIPLINE!
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