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The Vital
function of a committeeman is to prevent management from coercing employees
into confessions of misconduct. This is especially important when a
supervisor experienced in interrogation techniques questions a worker.
The NLRA’s protection of concerted activity includes the right to
request assistance from union representatives during investigatory
interviews. The Supreme Court declared this in 1975 in NLRB v J. Weingarten,
Inc. The rights announced by the Court have become the known as the
Weingarten rights.
Union members should know the advantages of having a committeeman
present at an investigatory interview. They are:
*Serve as a witness to prevent a supervisor from giving a false account of
the conversation;
*Object to intimidation tactics or confusing questions;
*Help an employee to avoid making fatal admissions;
*Advise an employee, when appropriate, against denying everything, thereby
giving the appearance of dishonesty and guilt;
*Warn an employee against losing his or her temper;
*Discourage an employee from informing on others; and
*Raise extenuating factors.
Weingarten rights apply only during investigatory interviews. An
investigatory interview occurs when: (1) management questions an employee to
obtain information; and (2) the employee has a reasonable belief that
discipline or other adverse consequences may result.
Not every discussion with management is an investigatory interview.
For instance, a supervisor may speak with an employee about the proper way
to do a job. The supervisor may even ask questions. But because the
likelihood of discipline is remote, the conversation is not an investigatory
interview. A conversation can change its character, however. If the
supervisor’s attitude becomes hostile and the meeting turns into an
investigatory interview the employee is entitled to representation.
EMPLOYEE RIGHTS
The following rules apply to investigatory interviews:
*The employee can request union representation before or at any time during
the interview.
*When an employee asks for representation, the employer must choose from
among three questions;
1. Grant the request and delay questioning until the union
representative arrives;
2. Deny the request and end the interview immediately; or
3.Give the employee a choice of:
(A) having the interview without representation
or
(B) ending the interview.
· If the employer denies the request for union representation and continues
the meeting, the employee can refuse to answer questions.
AN EMPLOYER DOES NOT HAVE TO INFORM AN EMPLOYEE THAT HE OR
SHE HAS A RIGHT TO UNION REPRESENTATION.
"IF THIS DISCUSSION COULD IN ANY WAY LEAD TO MY BEING DISCIPLINED
OR TERMINATED, OR AFFECT MY PERSONAL WORKING CONDITIONS, I REQUEST THAT MY
COMMITTEEMAN OR OR UNION REPRESENTATIVE BE PRESENT AT THE MEETING. WITHOUT
REPRESENTATION, I CHOOSE NOT TO ANSWER ANY QUESTIONS!"
THIS IS YOU RIGHT UNDER A SUPREME COURT DECISION CALLED,
WEINGARTEN!
Thanks to brother Mike Lewis, Committeeman on the 1st shift. Mike recently
attended “Winner Institute Training” at the University of Michigan.
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Brother
Gary Lifford
Woodhaven
Stamping
Plant Chairman,
U.A.W.
Local #387 |
Brother
John
Moore
President,
U.A.W. Local #387 |
Brother
Jeff Faber
Woodhaven Forging
Plant
Chairman,
U.A.W. Local #387 |