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January 26, 2020
IAFF Local Newswire
 
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Updated: Jan. 26 (04:04)

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If you find mistakes on this website, consider that they are put here for a purpose. The Staff tries to publish something for all members in the limited space available. Some people are always trying to find mistakes, so here they may be. ~Editor

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 IAFF136.ORG Is The Official Publication Of
Dayton Firefighters Local 136

Editor-in-Chief:
Steve Dunham

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Weingarten Rights

 

WEINGARTEN RIGHTS

 

EMPLOYEE'S RIGHT TO UNION REPRESENTATION

 

The rights of unionized employees to have present a union representative during investigatory interviews were announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten rights.

  

Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information, which could be used as a basis for discipline or asks an employee to defend his or her conduct.

  

If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation.

  

Management is not required to inform the employee of his/her Weingarten rights; it is the employee's responsibility to know and request.

  

When the employee makes the request for a union representative to be present, management has three options:

 

1.)  It can stop questioning until the representative arrives;

2.)  It can call off the interview; or

3.)  It can tell the employee that it will call off the interview unless the employee 

      voluntarily gives up his/her rights to a union representative (an option the

      employee should always refuse.)

 

Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview. The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview.

  

During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics. While the interview is in progress the representative cannot tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.




Page Last Updated: Jan 04, 2008 (19:11:14)
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Action Center
EMS Continuing Education
Need a little continuing education? Greene Memorial Hospital is now offering con-ed classes online. Each class will provide you with 1 hour of con-ed. You must first register to use the site. A great opportunity to get additional CEU's.
Check Your EMS Certification
Not sure when your Fire/EMS certifications expire? You can check right here. You will need to have either your SSN# or your certification number available.

According to the OAPFF, they are experiencing problems with non-members acquiring our OAPFF/IAFF license plates. The OAPFF is currently working on a more secure process for our members to obtain the OAPFF license plate, in the interim, requests for the documents that are required to obtain the Professional Firefighter license plate should be made through the Local President. We hope the members understand that this is simply a step in ensuring the law enforcement community, the public as well as our membership that those who choose to display the IAFF license plate are truly Ohio's Professional Firefighters.
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Feb 17, 2020
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