Union Contract Rights
Your union contract or agreement provides you with of blueprint of your rights in the workplace. Both the Company and the Union follow its guidelines. Your contract sets forth rates of pay, hours of work, and working conditions of employment.
The Company and the Union recognize that all employees, whether members of the Union or management, are entitled to mutual respect and dignity in their relationship to each other.
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The grievance procedure is initiated when you feel the “contract ” or “agreement “ is not being followed properly. Should you encounter a situation where the managements answer and your understanding of the contracts answer differ, you should call your union representative for clarification. Your union representative will explore with you in more detail the circumstances surrounding the case. If it is determined you have a grievance, steps will be initiated to commence the procedure.
Right to Representation
A decision in 1975 gave employees the right to Union Representation during interviews or “one- on- one “meetings with supervisors regarding their work or conduct. Local 328 strongly suggest that you telephone your Union Representative before engaging in a meeting that could jeopardize your employment. If you are interviewed by your employer and at any time wish union representation, read the following Weingarten Rights :
“ If this discussion could in any way lead to my being disciplined, terminated or have any effect on my personal working conditions, I respectfully request that my union representative, officer or steward be present at this meeting. Without representation, I choose not to participate in this discussion.”
It is unfair labor practice for the Company not to allow you representation to the above situation. (If they deny your request contact the Union.)
Weingarten Rights
In 1975, the US Supreme Court ruled on an 8(a)(1) case known as National Labor Relations Board v. Weingarten. In Weingarten, the Supreme Court ruled that employees have specific rights during investigatory interviews with management. During such interviews, management asks questions of the employee. This is different from meetings where management only announces what the discipline will be for the employee.
The Weingarten Rights are as follows:
- The member has a right to union representation if he or she reasonably believes the investigation will lead to disciplinary actions against him or her.
- The member must make a clear request for union representation (i.e., shop steward or service representative) before or during the interview. If no request is made, the Weingarten Rights are effectively waived for the interview. Keep in mind, the supervisor does not need to remind you of this right.
- After the member makes the request, the employer can choose from three options:
- Grant the request and delay questioning until the steward arrives and has a chance to consult privately with the member;
- Deny the request and end the interview immediately; or
- Give the member the choice of having the interview without representation or of ending the interview.
- If the employer denies the request for union representation and continues to ask questions, it commits an unfair labor practice and the member has the right to refuse to answer. The member may not be disciplined for such a refusal. (Note: In this instance, we encourage you to politely refuse to answer. Do not, under any circumstances, be insubordinate.)
The court rationale in the case is that any member being interviewed might be intimidated and, therefore, may not raise facts in his or her favor during an investigatory interview.
Additional information:
- When the shop steward arrives, the supervisor must disclose the subject matter to be discussed.
- The shop steward must be allowed to speak during the interview but does not have the right to bargain over the purpose of the interview.
- Weingarten Rights also apply to telephone interviews. A worker can refuse to answer questions until he or she has spoken with the shop steward.