Weingarten Rights Your Right to Union Representation

1
Weingarten RightsYour Right to Union
Representation
adapted from Tony DeRosaLEAD300 Bargaining
ChairIEA UniServ Intern
2
Weingarten rights arise when

• 1. An employee is subjected to questioning/investi
  gation by a supervisor that he/she reasonably
  believes could result in discipline.
• 2. An employee requests union representation.

3
The employer has 3 options when an employee asks
for representation.

• 1. Supervisor can halt questioning until the
  representative arrives.
• 2. Supervisor can call off the interview.
• 3. Supervisor can tell the employee that he/she
  will call off the interview unless the employee
  voluntarily gives up his or her rights to a
  representative.

4
Recommendations for employee

• It is recommended that the employee NEVER give up
  his/her right to a representative.
• The employee should specifically tell the
  employer he/she is not giving up his/her right to
  representation.
• If the employer refuses representation and
  continues the interview without the employee
  giving up his/her right to representation, the
  employer has committed an unfair labor practice
  under Section 14(a)(1) of the IELRA.
• The employee should not refuse to attend the
  meeting, but should attend and continue to assert
  his/her Weingarten rights.

5
Rules Regarding Weingarten Representation

• 1. The EMPLOYER must inform the union
  representative of the subject of the
  investigation when asked.
• 2. The union representative must be allowed to
  take the employee aside for pre-interview
  conference.
• 3. During the interview the union representative
  cannot argue with the employer, but can interrupt
  to clarify a question or object to confusing or
  intimidating tactics.
• 4. The union representative can give the
  employee advice on how to answer the questions.
• 5. The union representative can add information
  at the end of the interview in support of the
  employee.

6
Quick Weingarten Quiz

• Your Principal asks you to stop by during your
  prep period to discuss something
• You should
• A. Say no problem and show up as asked.
• B. Say no problem and accidentally forget,
  leaving them high and dry.
• C. Ask what the discussion will be about.

7
Weingarten Quiz

• After asking, your principal tells you he/she
  wants to talk to you about a complaint lodged by
  one of your students.
• You should
• A. Ask who the student was.
• B. Quickly explain your accidental slip of the
  tongue.
• C. Tell the principal that you will be requesting
  union representation and will be bringing a
  representative to the afternoon meeting.

8
Weingarten Quiz

• After mentioning that you want union
  representation, your Principal tells you to step
  in her/his office RIGHT NOW, or you are being
  insubordinate.
• You should
• A. Say, Im Union! You cant touch me!
• B. Say, Ok. But then run the other way when
  they turn their back.
• C. Enter the office, listen, take notes, and do
  not respond to any questions. Respond that you
  will be happy to answer any question once you
  have a Rep with you. Continue to assert your
  Weingarten rights.

9
WWEA Contract Language

• 5.10 (p. 11)
• Any Teacher required to appear before the Board
  or the Administration concerning any matter which
  could reasonably result in disciplinary action
  shall receive prior notification of the purpose
  of the meeting and shall be entitled to have an
  Association representative of his/her choice
  present, if so desired. The right to an
  Association representative shall not apply to
  evaluation conferences or informal, impromptu
  discussions regarding Teacher performance.