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What EVERY Union Member Needs to Know | 6 Things to do if Trouble Strikes | Weingarten Rights

Because you are covered by a Collective Bargaining Agreement, you have the legal right to have a union representative present in a meeting with management if you believe that some form of discipline may result from such a meeting. However, you must clearly state your concern and clearly request union representation. This is your Weingarten Right.

• Q: Does this right apply to all meetings with administrators?
• A: No, only those that conceivably will lead to discipline-anything from reprimands to non-renewal or dismissal.
• Q: What if my principal calls in the AP or other administration members?
• A: You may have your AR there also, request it!
• Q: What if I am meeting on a curriculum matter and then the subject changes to one that might lead to discipline?
• A: Stop the “interview” and request union presence.
• Q: Can I bring my spouse, a lawyer, or a friend?
• A: No, the law entitles you association representation. You're not entitled to other representation or simply to witnesses.
• Q: Do I have the right to call in a particular union member?
• A: Generally the association representative will be called. The idea is to provide you with union representation, not just the moral support of a union colleague.
• Q: What is the role of the union representative during such a meeting?
• A: The representative is there to assist the member, and to protect the Collective Bargaining Agreement rights. The union representative has the right to speak on his or her behalf and to meet with the member privately before the interview with management.
• Q: Can we give up our right to union representation?
• A: There are two ways to give up those rights: By contract language or by inaction. Of course, your collective bargaining agreement does not waive your rights to union representation. However, once on the spot, you might get bullied into waiving your right or not asserting your right. In such a case you have little recourse later.
• Q: What should I do if I suspect discipline arising out of a meeting with management?
• A: Keep the following statement in front of you and politely but clearly state it:

"If this discussion could in any way lead to my being disciplined or could affect my personal working conditions, I am asserting my Weingarten Right and request that a Union Representative be present at this meeting."

Say this, repeat it, then do not engage in any further discussion except to  reschedule, if necessary.

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Six practical tips to follow when faced with a problem that could affect your employment.

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Weingarten Rights

The right of employees to have union representation at investigatory interviews was 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 employees responsibility to know and request. When the employee makes the request for a union representative to be present management has three options:
(I) 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 can not 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.     On June 15, 2004, The National Labor Relations Board ruled by a 3-2 vote that employees who work in a nonunionized workplace are not entitled under Section 7 of the National Labor Relations Act to have a coworker accompany them to an interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline.
   This decision effectively reversed the July 2000 decision of the Clinton Board that extended Weingarten Rights to nonunion employees.

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Teacher Sues For Being Fired Over Facebook Pics

BARROW COUNTY, Ga. -- A former Barrow County teacher is suing the North Georgia school district, alleging she was forced to step down after photos and an expletive were shown on her Facebook profile. Ashley Payne claimed the Barrow County school district violated state labor law because she was never told she was entitled to a hearing. Her attorney, Richard Storrs, said the 24-year-old former Apalachee High School teacher was "not made aware of her rights" and should be granted the hearing.

She claimed her principal said because her profile page had of pictures of her with beer mugs and glasses of wine from when she went on vacation to Europe, she had to go. “I visited the Guinness Brewery, I went to Italy and had wine. I went to the Temple Bar District of Dublin and drank some alcohol there like any normal adult would,” said Payne. Payne and her friends took pictures at various places across Europe. A few pictures showed her with a glass of beer or wine. “They’re not even of me drinking the drinks and I don’t look like I’m intoxicated in any way or doing anything provocative or inappropriate,” Payne said.

Payne, an English Teacher at Appalachee High, said she was called into the principal’s office where she was told that because of her pictures and an expletive used on one of her posts that she should immediately resign. “The principal said that he’d talked to the superintendent so he represented that the decision had already been made and that the only way to avoid the suspension on my record would be to resign,” said Payne.  Payne’s Facebook page is private and she doesn’t allow students or strangers to become her friends on the social networking site. Several fellow teachers are included in her pictures including one who was with her on the European vacation.  But Payne is the only one out of a job.  “I did not think that any of this could jeopardize my job because I was just doing what adults do and have drinks on vacation and being responsible about it,” said Payne.  Barrow County school Superintendent Ron Saunders declined comment on the lawsuit because it is a personnel issue.

Payne resigned from her position Aug. 27. She had worked at the school for two years.

NOTE: This story is only one of increasingly more accounts where educators have come under fire for comments and pictures posted on the Internet. Teachers and support staff employees should take great care to protect their “identities” on social networking sites such as Facebook. As educators, parents, students, and community members who can view your pages, albeit as Facebook “Friends” or through general access, may scrutinize pictures and comments which you post, and depending upon their personal reactions, may file a complaint against you.

While SEA certainly can and will advocate on your behalf should you be investigated and/or disciplined for pictures and comments posted online, the best defense is to:

1) adjust your privacy settings on your Facebook page so that only “friends” have access,

2) give serious thought to “friending” past and current students, parents, and school employees, and if you do…

3) consider every posting you make the same as posting it on the front door of your classroom.

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