NRLB

Cathy

Does a non-union organization need to inform employees that they have the right to have a co-worker present at a meeting that disciplinary action is to be taken? If so, should this be part of our disciplinary policy? Do we need to always inform the employee of this right prior to a disciplinary meeting?

Down_the_Middle

Non-unionized employers are NOT required to announce this (called Weingarten provision) to employees. The courts have said you must not deny the opportunity to anyone who requests it, but there's no obligation to announce it ahead of time.

System

Down-the-Middle is right on target. Don't ask, don't tell. That's what the NLRB said last year, and it was upheld last week by the U.S. Court of Appeals for the D.C. Circuit. Here's an article explaining last year's decision.
[url]http://www.hrhero.com/national/nlrb.shtml[/url]

A few days ago, we sent out an e-mail alert about this decision. It went to those of you who subscribe to your state's Employment Law Letter and have signed up for e-mail alerts. You can sign up here:
[url]http://www.hrhero.com/alert.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Gar

I totally agree with Down-the-Middle and James. To Take it a step further, we've had situations where employees suspected they were about to be disciplined and wanted their lawyer present. We simply, and politely, told the employee and/or the attorney that this is a matter between the employee and his/her management. One woman was married to a deputy sheriff and wanted him present. We told her the same thing.

Theresa Gegen TX

These type of Weingarten rights are limited to the right to have a coworker present in a investigation that may reasonably lead to discipline. So if the employer has already decided to impose discipline, there is no right to have a coworker present.

Good Luck!!