Almost twenty years ago a counter
clerk who worked for a J. Weingarten store in Houston,
Texas, was questioned by her Employer for alleged theft.
Although she was cleared in the investigation, she had been
denied, after several requests, the presence of her Shop
Steward during the questioning. The Union representing her
filed an unfair labor practice after the incident and, in
1975, the Supreme Court ruled in the Union's favor. An
important new right for workers emerged from this
decision: An employee may be represented by the
Union at an investigatory interview with his/her employer
when the employee reasonably believes that the interview may
lead to disciplinary action. Q: Can I have a Shop Steward
present at any meeting I have with
Management? A: No, only when you have a reasonable
belief that discipline will result from an investigatory
meeting. Q:What is an investigatory
interview? A: An investigatory interview occurs
when a supervisor questions an employee to obtain
information which could be used as a basis for discipline or
asks an employee to defend his or her conduct. Q: Is Management obligated to
remind me of my Weingarten rights prior to an investigatory
meeting? A: No, you must request a Steward's
presence. Management has no obligation to remind you of your
right. Q: What if I'm told to be in
my Supervisor's office at 10am but I do not know the nature
of the meeting? |A: You have the right to know
beforehand what the subject of the discussion will be. And,
you have the right to consult (caucus) with your Steward
before and during the meeting. Q: What if a routine
work meeting is taking place between my Supervisor and me,
but the nature of the meeting suddenly
changes? A: You have the right to stop the
meeting and call in a Steward at the point you believe you
are being asked questions which could result in discipline.
You cannot be punished for requesting a Steward's
presence. Q: If I request a Steward,
does the Employer have to comply? A: The Employer must choose from among
three options: 1. Grant the request and delay
questioning until the Steward arrives and has a chance to
consult privately with the employee; or 2. Deny the request and end the
interview immediately; or 3. Give the employee a choice of
having the interview without representation. Q: What is the role of a
Steward in a investigatory meeting? A: 1. When a Steward arrives, the
Supervisor must inform him/her of the subject matter of the
interview, i.e. the type of action/misconduct for which
discipline is being considered. 2. The Steward must be allowed a
private pre-interview conference before the questioning
begins. 3. The Steward must be allowed to
speak during the interview. 4. The Steward can give advice on how
the employee should answer questions. Q: What if a Supervisor
denies my request for a Steward? A: If you are denied a steward's
presence and are still asked questions, the Employer commits
an unfair labor practice and the employee has a right to
refuse to answer. The supervisor cannot discipline the
employee for such a refusal. opeiu-3-afl-cio
(117)vc
council57@afscme57.org