Understanding Weingarten

In 1975 the Supreme Court of the United States ruled that employees in unionized workplaces have the right to the presence of a union steward during any management questioning that the employee reasonably believes may result in discipline.

This all started in 1972 when Leura Collins was investigated by her employer, J. Weingarten, for possibly stealing from the lunch counter.  It was reported that Collins was seen taking a $2.98 item while only paying $1.00.  The investigator eventually cleared Collins when it was discovered that she was forced to use the larger box when the smaller boxes ran out.  The Local found out about the questioning and filed charges with the NLRB.

Here is an example of a Weingarten Card.

	Your Right to Union Representation “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 representative, officer, or steward be present at this meeting.Without union representation, I choose not to answer questions.”

So what does all this mean in “plain” English?

Simple.  If your Boss, Supervisor or someone who represents the company with the authority to, starts asking you questions and you believe you could be punished because of the answers, you have the right to a union steward.

The key is your belief.  Since you are the only person who knows what the answer is your belief that you could get into trouble is all that is needed to justify your request.

So if you just got through backing into your bosses Mercedes in the company parking lot and your supervisor asks you if you know anything about it, you would be safe in asking for a steward.

So you have invoked your Weingarten Rights.  Now what?  The boss has some choices.  He can either:

1.   Find you a Steward or other Union Representative.

2.   End the interview all together, or

3.   Talk you into answering the questions without a steward.

What do you do if they ignore your request?

I recommend that you politely repeat your request until they get tired, get you a steward or let you go.

The moment the interview is over I highly recommend you write down everything that everyone said during that meeting and contact your Local Representative immediately.

What if I talk without a rep?  Unlike the Miranda warning we remember from all those TV crime dramas the Weingarten Rights will not protect you if you go ahead and talk.

So even though your employer has violated Federal law, they can still use what you say against you.

What if they ask me to write a statement?  Isn’t that sort of the same?

Yes it is.  If the employer is requesting information from you about anything that can affect your employment and you feel you may be punished, you can request a steward.

Now what can the steward do during this interview?  Can the steward do more than just be a witness?

Yes.  The steward has the right to:

1.   Be informed what the company is investigating.

2.   Have a private talk with the employee before questioning.

3.   Ask pertinent questions during the interview.

4.   Ask for clarification about questions.

5.   Give advice to the employee on how to answer a question

6.   Help by pointing out mitigating circumstances.

I usually tell an employee give the shortest answers possible.  Many times I have seen employees dig their own graves by saying far too much.

One such example was an employee who was accused of sleeping on the job.  He not only talked himself out of his job he provided a three page written statement explaining how it was impossible for him to be sleeping.

I had told him to simply answer “no, I was not sleeping” and leave it at that, but he wouldn’t listen.

Finally, don’t be fooling into talking when the boss tells you “don’t worry, you have nothing to worry about.  We just want to get to the bottom of this before everyone can go back to work”.

Yea.  Right.

Reduction of forces / Temporary cuts

Hello Brothers and Sisters,

Currently there are members at various sites within the local who are currently undergoing temporary cuts to their hours and have contacted me inquiring what the term "reduction of forces" means and how does it apply to their particular situation. I have taken the liberty to shed some light on "reduction of forces" in hopes that the members can come out with a better understanding on the subject and in what circumstances does the term reduction of forces, usually in the seniority article apply.

For all practical purposes, there isn't any real difference between RIF and layoffs. There are some subtle differences, though.

A layoff is when a particular employee, or a specific group of employees, is taken off the payroll, usually because there is a lack of work. The chance to be rehired in the future is a real possibility if the economical situation of the employer or the employer's client change.

A RIF on the other hand, is the total elimination of jobs or positions. Again, RIFs usually happen because of a lack of work or the inability to pay everyone doing a particular job or task. Through a RIF, the employer can terminate all jobs related to the product. Most of the time RIFs are selective, meaning that not all of the jobs will be eliminated. Usually, in your contract the decision is based on factors like an employee's past performance, the ability to perform the remaining job or jobs and "seniority". Temporary cuts to hours based on the operational needs of the employer's client do not apply in regards to the reduction of forces term in the contract. Although the practice to cut hours based solely on seniority usually does apply in some cases, you would have to check your particular CBA to see if there is additional language further elaborating on the subject. Hope this helps...

Azaveous Oliver
Local 100 President

U.S. Census Bureau Security Officer killed

SUITLAND, MD - A Security Officer working at the U.S. Census Bureau was fatally shot by accused kidnapper Ronald Anderson before firing on another person and leading police on a car chase before finally being gunned down by police.

It is reported that Anderson rammed the Census Bureau gate with his car and shot the Security Officer, Lawrence Buckner, at least once in the chest.

The Officer approached Anderson’s car after he observed the man arguing with someone, police said.

Bucker, a five year veteran at the Census Bureau and an employee of Masters Security, passed away from his wounds.

Masters was not available for comment.

The kidnapped woman, who was found safe, was later identified as Anderson’s wife.

Anderson is in police custody and is expected to survive to stand trial for his actions.  Anderson was free on bail at the time of the attack for drug possession and assault in another matter.

Did you know?

Did you know that you can leave comments on each article?  Just go to the bottom of an article and look for the word “comments”.  Click on it and it will take you to where you can post a comment.  Now all comments are moderated which means they must be approved before they will be visible.  If you want your comment to appear without your name just include that request in your post.

Election Questions

Dear Brothers and Sisters,

Many of you have inquired about Steward Elections, Ratification Election and so forth.  Rather than answer each question individually I have decided to answer them here for the benefit of all readers.

Executive and Steward positions:  All elections will follow the International Constitution and By-laws which directs elections to take place in January through February 15.  There will be no exceptions.

All elections will be conducted by the Local Executive Staff (Elections Committees will be drawn from the affected group) and if possible will be conducted through the mail.

All ratifications will be conducted by the Local Executive Staff and if possible will be conducted through the mail.

Any member wishing to protest an election must do so within the strict requirements laid out in the International Constitution and By-laws.

Any positions that require filling during the time between elections will be selected by the Local Executive Board from a pool of volunteers.  Such appointees will serve out the remainder of the term until the next regular election.

Question concerning this should be directed to myself at:

mhough@spfpa.org.