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.

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."

To be informed of the subject matter of the interview.

To hold a private pre-interview conference with the employee.

To speak up during the interview.

To request clarification of questions.

To advise the employee on how to answer questions.

To provide additional information once the interview is over.

"WEINGARTEN RIGHTS"

(UNION REPRESENTATION DURING COMPANY INTERROGATIONS)

     One of the most vital functions of a union steward is to prevent management from intimidating employees.  Nowhere is this more important than in closed-door meetings when supervisors or guards, often trained in interrogation techniques, attempt to coerce employees into confessing to wrongdoing.  The rights of employees to the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB v. J. Weingarten. Inc.  Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as Weingarten rights.

How can Weingarten rights help a steward assist a worker?

  The steward can help a fearful or inarticulate employee explain what happened.

  The steward can raise extenuating factors.

  The steward can advise an employee.

  The steward can help prevent an employee from making admissions.

  The steward can help prevent a worker from losing his/her temper, and perhaps getting fired for insubordination.

  The steward can be a witness to prevent supervisors from giving a false account of the conversation.

When should an employee be concerned about Weingarten rights?

Any time he/she has a "reasonable belief" that discipline or other adverse consequences may result from what he/she says.  Circumstances usually relate to such subjects as:

Weingarten rules:

Under the Supreme Court's decision, the following rules apply:

Rule 1:  The employee must make a clear request for union representation.  He/she cannot be punished for the request.

Rule 2:  When a worker makes the request, management has 3 options:

A)  Grant the request & delay hearing until the steward arrives

B)  Deny request and end the interview immediately

C)  Give the employee the choice of having the interview without representation or ending the interview

Rule 3:  If the employer denies the request for representation, the worker has the right to refuse to answer questions without fear of reprisal for refusing to answer.

Steward Rights:

1. Notice of Meeting

2. Allowed private caucus or pre-meeting

3. Steward may speak

4.  Ask for clarification

5.  Supply additional information