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Representation In The Workplace |
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If you have not yet received a copy of your contract, make sure you get one from your Steward or Business Agent. Once you receive it, make sure you thoroughly read it.
Should a workplace problem occur which you feel is in violation of the contract, first discuss the issue with management. If you are unable to resolve the problem, contact your Steward. If the problem is still unresolved, it must be reduced to a written grievance - again your Steward or Business Agent will assist you, if necessary, in preparing your grievance. However, always make sure you file your grievance within the time limits outlined in your individual contract. The best grievance can't be upheld if it is untimely filed.
The U.S. Supreme Court has ruled that union members have the right to representation by their Stewards or Business Representative during conversations with the boss which could potentially lead to discipline or termination.
If you believe the conversation is disciplinary in nature, follow the steps below, referred to as the "Weingarten Rights" : |
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YOUR " WEINGARTEN RIGHTS " |
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1. Demand Union Representation: You must ask for Union representation before or during the interview. Management does not have to tell you of this important right.
2. Refuse to proceed without union representation: A questioner must be told of your desire for representation. Refusal to cooperate on your part, can be viewed as insubordination. If management refuses to allow you representation, stay in the room, but remain silent.
3. Don't make any written or verbal statement of guilt or innocence: You cannot be forced to make a statement. The most appropriate response is to make NO statement - claiming innocence is considered to be a statement.
4. Do not waive your right to representation: If you proceed in questioning without representation, you have waived your right to representation and any statements made can be used against you.
INTERROGATION RIGHT STATEMENT
"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 Steward, Business Agent or Union Officer be present at this meeting. Without representation, I choose not to answer any questions."
Union representatives have these rights when summoned to an interview: |
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