![]() ![]() The steward can speak during the interview, but cannot insist that the interview be ended.The steward must be allowed to have a private meeting with the employee before questioning begins.The supervisor or manager must inform the steward of the subject matter of the interview: in other words, the type of misconduct being investigated.The steward must be allowed to advise and assist the employee in presenting the facts. When a supervisor calls an employee to the office to announce a warning or other discipline, is this an investigatory interview? The NLRB says no, because the supervisor is merely informing the employee of an already-made decision.196 Unless the supervisor asks questions about the employee’s conduct, the meeting is not investigatory.Įmployers sometimes assert that the only function of a steward at an investigatory interview is to observe the discussion in other words, to be a silent witness. If the supervisor’s attitude becomes hostile and the meeting turns into an investigatory interview the employee is entitled to representation.ĭisciplinary announcement. But because the likelihood of discipline is remote, the conversation is not an investigatory interview.Ī shop-floor conversation can change its character, however. For instance, a supervisor may speak with an employee about the proper way to do a job. Not every discussion with management is an investigatory interview. ![]() An employee questioned about poor work would have a reasonable fear of disciplinary action if he should admit to making errors. For example, an employee questioned about an accident would be justified in fearing that she might be blamed for it. 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. ![]() Weingarten rights apply only during investigatory interviews. Warn an employee against losing his or her temper ĭiscourage an employee from informing on others and Help an employee to avoid making fatal admissions Īdvise an employee, when appropriate, against denying everything, thereby giving the appearance of dishonesty and guilt Object to intimidation tactics or confusing questions Serve as a witness to prevent a supervisor from giving a false account of the conversation These include the ability of the steward to: Unions should educate their members about the advantages of having a steward present at an investigatory interview. The rights announced by the Court have become known as Weingarten rights. This was declared by the Supreme Court in 1975 in NLRB v. The NLRA’s protection of concerted activity includes the right to request assistance from union representatives during investigatory interviews. This is especially important when a worker is questioned by a supervisor experienced in interrogation techniques. (UNION REPRESENTATION DURING INVESTIGATORY INTERVIEWS)Ī VITAL FUNCTION of a steward is to prevent management from coercing employees into confessions of misconduct. The Legal Rights of Union Stewards may be purchased by contacting Work Rights Press at 80, or online at Chapter 5: Schwartz, (c) 1999, is reprinted with permission from the publisher. The following excerpt from The Legal Rights of Union Stewards by Robert M. Financial Issues for Local, State Union Officers.Building Union Power: APWU National Organizing Drive 2022.APWU – Our Union, Our Contract, Our Future!. ![]()
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