Union Representation

Melanie

I know under Weingarten that employees have rights to a representative during an investigatory meeting. However, where is it written that the employee does not have to speak. At a recent investigation, the employee refused to speak, she would only let her union representative speak. This is employee is charged along with several other employees of taking a two hour lunch and having another employee at the worksite clock them in and out to only show their allowed 1/2 hr lunch. We have three witnesses. However, when we questioned each employee during their separate investigatory meetings, they all used the same union rep and would only let the union rep speak. Do we have a right to have the employee speak and not the union rep?

Crout

And what is the plan to coerce the employees into speaking? Torture? You gonna tickle their feet until they talk? Don't let yourself get drug into a silly battle of wills. Remind the employees that the meeting is their opportunity to express their side of things and that if they do not speak you will have to rely solely on the statements of the Union rep. If they still refuse to speak, document their refusal and move on. It sounds like you have them dead to rights anyway. Good luck.

Balloonman

When they file the grievance tell them, well based on the information we had, we had no choice. You chose not to participate. I would be careful and not ask the union rep questions, and would stop them if they try to answer for the employees. Sorry, did you witness this, no, well then I am only interested in this information if it comes from them.
My $0.02 worth.
DJ The Balloonman

pecohr

I agree with Balloonman the union rep is there to act as a witness and to offer support to the employee, they are not there to act as counsel (ala Perry Mason). The employee is there to give their side of the story and enlighten you with any pertinent details. If they don't care to participate then that is their choice.

ritaanz

Don D would have a field day with this one. The Union Rep is there to make sure the bad employer does not take advantage of the poor overworked employee. This is a fact finding mission and the union rep can add zip if he was not present.

I am not surprised that the witnesses refused to speak. The union rep probably gave them the speech about "brotherhood" and for the good of the union, etc.

Whatever

They have the right not to speak. You have the right to issue a written warning based upon the results of your investigation. The written warning should be issued with 2 supervisors present. It should include the following "I have received this written warning_____________________." If the employee chooses not to sign, make a notation that the employee refused to sign but that they and the union representative were given the warning.

Crout

The Union Rep CAN represent the employee, (think about the definition of the word "representative") but that does not come from Weingarten so much as it comes from the language of your labor contract with the Union. Weingarten says that the employee can have a witness, who MAY offer information IF it is pertinent to the investigation. In a non-union setting you could cancel the meeting on the spot if the employee refuses to speak, and take action on the information you already have, but I would not do that in a Union shop because it could violate your contract.