Weingarten Reg.?

Valeria · October 2003

Does anyone know if an employee is allowed to bring his/her attorney to a disciplinary meeting (private and public;union and non union employers)?

San Francisco · October 2003

Under Weingarten, the employee has the right to bring a co-worker or supervisor to a meeting that the employee believes may lead to disciplinary action. Attorneys, girl/boy friends, spouses etc are not allowed, nor would I ever allow any of them, Weingarten or not. It is company business.

Elizabeth

Valeria · October 2003

Thank you Elizabeth!
Do you know if it makes a difference if there is a union involved?
Valerie

Parabeagle · October 2003

Only difference I would think would be if it is permitted in your collective bargaining agreement. If your CBA is silent on the issue, I would follow regular Weingarten rules.

Valeria · October 2003

Thank you Parabeagle!!!
Valerie

marc · October 2003

It is my understanding that Weingarten applies if you are discussing or investigating the issues that may lead to discipline. If you have already made the decisions regarding what action you are going to take, then you do not have to allow the co-worker to accompany the ee. This is for private companies and was enacted to mirror the provisions available to union members.

Parabeagle · October 2003

Actually Weingarten has always been there for unions; it's just that the NLRB expanded the scope of its coverage to private employers 3 years ago. It is undeniably a union privilege.

Valeria · October 2003

Thank you Marc!

System · October 2003

"No" to the attorney. In fact, you don't even have to inform the employee in a non-union setting of the right to bring in another employee. If they do, the other employee is there in body only. He/she cannot play any role, other than listening, in the meeting.

Valeria · October 2003

Thank you s moll!!

Don D · October 2003

Most of you are somewhat right, except for San Francisco, and she is totally right. Regardless of what your contract says about the issue, or whether anything at all is said, the rights still apply. They also apply in private industry, in most situations. Neither setting requires that you advise the employee of that right and you are not responsibile for his knowing he has that right. It is his responsibility to know it and invoke it if he so desires.

Valeria · October 2003

Thank you Don D.!!

Parabeagle · October 2003

Valeria, you're so nice and polite to thank all of us individually. Stick around, that'll change quickly enough. x;-) x:D

Valeria · October 2003

Parabeagle,
th-up! x:D
goodnight everyone!!!

Dr Steve · October 2003

Weingarten is an interesting thing ... I believe it was the 2001 Epilepsy Foundation case in Ohio that extended Weingarten to non-union workplaces. The following is from our CBA, and as such reflects the union environment ... note that the person attending the interview cannot act as the employee's REPRESENTATIVE per se, but can counsel and advise, as well as interrupt proceedings.

WEINGARTEN RIGHTS. The rights of unionized employees to have a Union representative present during investigatory interviews were announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc.). Bargaining unit employees may be entitled to Union representation in meetings held in connection with an investigation. There are five conditions established by law for a "Weingarten Meeting". All five of the following conditions must be met before an employee is entitled to Union representation at an investigatory interview:

1. The meeting is being conducted by one or more City representatives; and
2. The City representatives are conducting an examination (asking questions)
in connection with an investigation; and
3. The employee is in the AFSCME bargaining unit; and
4. The employee reasonably believes that the examination may result in disciplinary action; and
5. The employee requests Union representation.

Once all five conditions have been met, management can either stop questioning until the representative arrives; or call off the interview.

During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics. While the interview is in progress the representative cannot tell the employee what to say but may advise him/her on how to answer a question. At the end of the interview the Union representative can add information to support the employee's case.

An employee who has a question about the purpose of a meeting is encouraged to ask the City representative the purpose for the meeting. Employees who have questions about their right to representation are encouraged to contact a Union representative or a Human Resources Department representative.

Don D · October 2003

Why would all that be in your CBA? Weingarten rights are a fact of life and need not be imbedded into policies and CBAs to exist.

Valeria · October 2003

Thank you Dr. Steve!
Valerie

NA · October 2003

No...it's not a court of law.

Hatchetman · October 2003

Since the public sector doesn't fall under NLRA, the right of an emplyee to have a representative present is more dependent on the rights of public employees under state laws or their due process rights, or what may have been negotiated in specific collective bargaining agreements between union and the governmental jurisdiction.

Before the original Weingarten case came along, we were adivisng manager in our governmental agency to provide such rights during disciplinary investigations and when final disciplinary actions were to be considered when hearing "contentions or argument" from the employee following an investigation. Eventually that right became standardized in many government juridsdictions in our state following a state appellate court ruling as I recal in the ealry 1980.s that incorporate the NLRB's findings into the public employee relations provisions of state law here in California (it's been over 20 years, so I may be a little off on the specific decisionmaker).

Valeria · October 2003

Thank you HATCHETMAN!!!
All these responses have prompted me to go read the cases. 0=*

Signing off on Weingarten! xclap

Dr Steve · October 2003

Responding to Don's question, its in the CBA for a couple of reasons, first and foremost because it clarifies the limits of Weingarten both for the union and for management - i.e when it comes into play, and what the role of the "representative" is. Another reason it's there is because there are times in labor negotiations that it is nice to be able to "give" something that doesn't "cost" anything ... if you catch my drift.

Weingarten Reg.?

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