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If a steward sees a
worker being interviewed in a supervisor's office, can she demand to
attend the meeting?
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Yes. A steward has a protected right to
demand admission to a Weingarten interview. However, once the request is
made, the employee being interviewed must indicate a desire for the
steward’s presence. If the employee states that he or she wishes to be
interviewed alone, the steward must leave. |
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An employee was summoned to an
interview with his foreman and asked for his steward. In response, the
foreman said, "You can request you steward, but if you do, I will
have to bring in the plant manager, and you know how temperamental she
is. If we can keep it at the level we're at, things will be a lot
better for you." Is this a violation? |
Yes. The foreman is threatening greater
discipline to coerce the employee into abandoning his Weingarten
rights. This is an unfair labor practice. |
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An employee was ordered
by his foreman to go to the
personnel office for a "talk" about his attitude. He asked
to bring a union representative but the foreman said he would have to
make his request when he got to the office. Can he refuse to go to the
office?
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No.
Weingarten rights do not begin until the actual interview begins. The
employee must go to the office and repeat his request to the official
conducting the interview. Only if a supervisor makes clear in advance
to an employee that he or she intends to conduct an investigatory
interview without union representation, does an employee have a right
to refuse to go to the meeting. |
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The company is recalling
workers from a layoff and is insisting on medical examinations for
those out of work three months or more. Can the workers demand a
steward's presence during the examination? |
No. Medical examinations are not
investigatory interviews. Weingarten rights do not apply |
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Does Weingarten
apply to a polygraph examination? |
Yes. An employee has a right to union
representation during the pre-examination interview and the examination
itself |
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If management asks a worker
to submit to a urine test for drugs, does Weingarten apply?
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Yes
and no. Since a urine test is not questioning, an employee does not
have a right to the presence of a steward during the actual test.
Management must, however, allow the employee to consult with a union
representative to decide whether or not to take the test |
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Can management order a worker to open a
locker without a steward being present?
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Yes. Locker searches, car searches, or
handbag searches are not interviews. Employees do not have a right to
insist of the presence of a steward. |
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An employee was given a written warning
about poor attendance and told he must participate in absence
counseling sessions with a member of the personnel department. Does
the worker have a right to demand the presence of a union steward at
the counseling sessions?
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This depends on whether the
employee has a reasonable fear that the counseling sessions could
result in further discipline. If notes from the sessions are kept in
the employee's permanent record, or if other employees have been
disciplined after counseling sessions, the employee's fears would be
reasonable and would entitle him to bring a steward. But if the
employer gives firm assurances that the meetings will not be used for
further discipline and promises that the conversations will remain
confidential, Weingarten probably would not apply. |
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If a worker is given a warning
slip for misconduct and is asked to sign the slip to acknowledge
receipt, must the employer permit her to consult her steward before
signing? |
No. Since the employer is not
questioning the worker, Weingarten rights do not apply.
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Can a worker insist on the
presence of a lawyer before answering questions at an investigatory
interview?
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No. Weingarten rights apply only to the
presence of union representatives.
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Over the weekend, a foreman
called a worker at home to ask questions about missing tools. Did the
worker have to answer the questions?
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No. Weingarten rights apply to
telephone interviews. A worker who fears discipline can refuse to
answer questions until he or she has a chance to consult with her
steward.
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A worker was called into the
plant manager's office. She asked for her steward, but was refused.
The manager said, "Doreen, yesterday you refused a direct order
to work overtime. Therefore, we're giving you a one-day suspension for
insubordination." Did the company violate Weingarten?
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No. Weingarten rights do not apply to
meetings where employers simply announce discipline. However, if the
employer starts asking questions or tries to make the employee admit
guilt, Weingarten would apply and the employee can insist on the
presence of a steward or other union representative before answering. |
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If a worker's steward is out
sick, can the worker insist
that the interview be delayed until the steward is available? |
No. Management does not have to delay
an investigation if other union representatives are available to
assist the employee at the interview. |
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If my foreman
calls me in to discuss my work record, do I have the right to a union
representative?
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Yes. Union stewards have Weingarten
Rights. If you fear discipline or other adverse action, you have the
right to the presence of a union representative. |
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Suppose a worker's request for a
steward is denied. If the supervisor continues to ask questions, can
the worker walk out of the office to get a steward?
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In some cases, yes. According to NLRB
decisions, when an employee is entitled to union representation and
the employer denies the employee's request, the employee can refuse to
participate in the interview, even to the point of walking out to seek
a union representative. However, if the employee is told to wait while
management gets the steward, the employee must stay in the office
until the steward arrives. |
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If the company
calls a meeting to lecture workers about job performance, do the
employees have a right to demand the presence of a union
representative before attending the meeting? |
No. Holding a meeting on work time that
does not involve interrogation is not a Weingarten meeting. There is
no right to a steward unless the employer begins asking questions of
employees in a manner that creates a reasonable fear of discipline. |