When you joined PASS, you joined a union. You joined strength in numbers, preservation of fair labor, elevation of your voice on many levels, union voting rights, and the right to be represented by your union in a time of potential crisis.
Some may find themselves in a situation where you will be called into a meeting regarding discipline due to on the job circumstances that are considered unfavorable by management. The following Q&A information will be useful to you should the circumstances arise where you may feel the need for PASS Union representation.
What are Weingarten Rights?
An employee’s right to representation in investigatory or pre-disciplinary meetings was established in a 1975 United States Supreme Court decision NLRB v Weingarten, Inc.
When do employees have a right to request a union representative?
If you have a reasonable belief that the answers you give might result in your being disciplined, you have a right to union representation during the meeting. Even if the employer states at the beginning of the meeting that it is “not a meeting that will result in discipline”, you still have the right to request that a union representative be present.
Employers are not required to inform union members of their rights under Weingarten. Which is why YOU need this information BEFORE anything should occur. It is YOUR responsibility to ask.
Any meeting may be an “investigatory interview” provided that the following occurs:
- A manager, representative of management, or supervisor is seeking to question an employee.
- The questioning is part of an investigation into the employee’s performance or work conduct. During an investigatory interview, a representative of management may require an employee to defend, explain, or admit misconduct or work performance issues that may form the basis for discipline or discharge, or to discover the employee’s “side” of the story.
- If the employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions.
- The employee requests a union representative. Employers are not required to advise employees of their right to representation and third parties (including union representatives) may not make the request on behalf of the employee.
- If the employee requests a union representative and the supervisor denies the request or states that the meeting is not discipline in nature, the employee can move forward with the meeting. However, the member should carefully choose how to answer questions and restate that they want their union representative. Immediately after such a meeting, it is the employee’s responsibility to contact their union president and share the notes and details of their questioning.
- Generally, if you are called in and feel uncomfortable in any way with the line of questioning; IT IS YOUR RIGHT TO STOP THE MEETING AND ASK FOR YOUR PASS REPRESENTATIVE.
What types of meetings are not covered by the Weingarten rule?
If the above conditions are met, any meeting between an employer and employee could trigger an employee’s Weingarten rights. However, not every meeting or employer questioning satisfies those conditions. For example, employers need not grant an employee’s request for a representative in the following situations:
- Instructional meetings where an employee receives training or correction on work techniques. Meetings of this nature generally do not lead to discipline.
- Meetings in which an employer informs an employee (or employees) of personnel policies. Often these meetings do not require questioning of employees and do not lead to discipline.
- Meetings in which the employee is informed in advance that no discipline or adverse employment action will result from the interview. Provided the employer keeps that promise.
The nature of a meeting can change as things progress. If an employee reasonably believes that a meeting that commenced for some other purpose has become an investigatory interview, PASS will honor the employee’s request for representation once they have been contacted.
What if I am asked to write a statement?
NEVER submit a written statement to management without speaking to your president! Always have the input of your president prior to submitting anything in writing to management.
Who may serve as an PASS Union representative?
An employee may choose whether they want a member of the PASS executive board or their building representative (if their building has one). Employers are required to honor that request. Employees may NOT request a non-union representative.
How should an employer respond to an employee’s request for representation?
When an employee requests a representative during an investigatory interview, an employer may lawfully take one of three courses of action:
- The employer may grant the employee’s request and delay the interview until a representative is available.
- The employer may deny the request and immediately end the interview, or
- The employer may allow the employee to choose whether to proceed with the meeting without a representative or to end the interview.
If the employer denies the request and continues to ask questions, this could constitute an unfair labor practice. Also, it is an unfair labor practice for an employer to discipline an employee for refusing to answer questions without their union representative present.
The bottom line:
Should you ever find yourself in a situation where you need representation OR you think you need representation PLEASE do not hesitate to reach out to your PASS Union executive board OR you PASS Building representative (if your building has one).
Who can help me?
Your PASS Executive Board is here for you.
President: Nicole Swanson NSwansonPASS202@gmail.com 708-369-7203
Vice President: Jennifer Small JSmallPASS202@gmail.com
Treasurer: Shelley Gabriel SG4PASS@gmail.com
Secretary: Erika Harrison echpass202@gmail.com
Membership Chair: Stephanie Jerabek sjerabekpass@gmail.com
Social Media Chair: Nick Block nbpass202@gmail.com
Our IEA Uniserv Director: Ann Bachman McIntosh Ann.Bachman-Mcintosh@ieanea.org
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