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Right to Union Representation -
Weingarten Rights

"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion."

Labor Law

In 1975 the United States Supreme Court in the case of NLRB v. J. Weingarten, Inc. 420 U.S. 251 (1975) upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.

During an investigatory interview, the Supreme Court ruled that the following rules apply:

Rule 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

Rule 2: After the employee makes the request, the employer must choose from among three options:

·       grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;

·       deny the request and end the interview immediately; or

·       give the employee a clear choice between having the interview without representation, or ending the interview.

Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

Right to refuse unsafe work

Article 3 Section C

Every union member has the right to a safe and healthy workplace, and if there is an unsafe or unhealthful condition a member, acting in good faith, has the right to refuse unsafe work. Every attempt should be made with the supervisor to resolve the unsafe condition. Should the company dispute the existence of the alleged unsafe condition; the member should be given suitable work while the chairman of the grievance committee and the plant manager or their designees investigate. Should the investigation determine an unsafe condition it will be corrected to the member’s satisfaction; should the company insist that an unsafe condition still does not exist the member then has a right to file grievance that will be heard by an arbitrator without delay to determine if the member was acting in good faith and if an unsafe condition exists. No member who acts in good faith will be disciplined, and if the arbitrator determines it to be an unsafe condition the company must make the condition safe and member be made whole of any lost earnings before the member returns to work.

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