Interviewing union members

brown · October 2003

Union shop - employer fired employee for fighting, this was witnessed by 10 other employees who gave written signed statements. The terminated employee has grieved his termination and the grievance is going to a full hearing before the State Labor Board. Question - can the employer meet with the employees who gave written statements and discuss what they witnessed without affording them union representation?

Don D · October 2003

Yes and no. Weingarten may not apply if there is no likelihood or perception on the part of the ee that the meeting would or could result in discipline. If you are merely gathering information and it would not or could not implicate those you interview, I would suggest Weingarten would not apply. However, I would not split this hair. You'll be better served in the long run to simply let them be respresented if they want to be. You might get better cooperation. You might not be criticized by the arbitrator later. More down sides to not allowing it and more positive upsides to ALLOWING it.

rad · October 2003

When in doubt, have a steward or other representation present.

ritaanz · October 2003

Brown, you certainly are in a good position for that hearing. To have 10 witnesses and get their written statements, to me, is amazing. In my experience, the Union Agent or Shop Steward would not allow any union member to get involved and give a negative statement. The premise was always, "Protect your brother."

It is obvious that you need to talk to these employees. Once they know the purpose of this meeting, if they want someone there, I would accomodate them. I think that the majority would not have any problem in discussing this issue with you.

Whatever · October 2003

Any interview of this kind, should automatically start with advising the ee that all you want is the truth and that their job is not at stake. Then, ask if they want a union representative to be present. I have found that, usually, they are quite willing to talk without representation.

brown · October 2003

Thanks for you quick responses. I would like to think that I'm in a good position as well. My concern is that these employees, despite the written statements, will turn when put on the stand. That is why I would like to meet with them and just discuss the details of what they witnessed...the employee we terminated happended to be the Union President...

Don D · October 2003

Be careful not to promise anything like: this won't impact you, or, this has nothing to do with you and won't wind up in your file. Had this same situation once and interviewed sixteen witnesses, one of whom, it turned out, had been the chief instigator who had caused the discussion to escalate to a level where an assault occured. We considered discipline for that person (steward) but backed off knowing an arbitrator would reverse it. But, we were careful not to go into our interviews granting blanket immunity.

NA · October 2003

The river of the union brotherhood is long, but not very deep. getting 10 statements is amazing! They must despise the guy to do that! Always give them a chance to get their union rep involved.

Interviewing union members

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