Employees have the right for a union representative
to be with them in meetings that may result in
disciplinary action. If you reasonably believe that a
meeting with management may result in disciplinary
action, you have a right to insist on union
representation at that meeting.
However, you must invoke those rights by saying: "If this discussion could in any way lead
to my being disciplined or terminated, or
affect my personal working conditions, I
request that my steward or union officer
be present at the meeting. Without
representation, I choose not to answer
any questions."
Employees must expressly
ask for union representation.
Employers do not have to
offer it. Once requested by
the employee, the Union
Representative has the right to
be present at a meeting.
Once an employee requests representation the
employer has the option of (1) granting the request
and interviewing the employee with a Union
representative present; (2) not having any interview
at all; or (3) giving the employee a choice between
having an interview without representation or not
having any interview at all.
The National Labor Relations Act (NLRA) Section 7
gives workers the right to act in concert for their
mutual aid and protection. The role of the Union
Representative is to advocate for the worker
during the investigative meeting. Is an unfair labor
practice and illegal for management to violate the
Weingarten request.
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