• << December 2019 >>
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    The events listed on the calendar are accurate at the time of posting. Dates and times of events are subject to change.  Any questions concerning the date and time of an event should be directed to the Local Union Hall during normal business hours.

     

    A MESSAGE FROM PRESIDENT ED THOMPSON

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  • Your Union Steward

    Who are Local 776 Union Stewards?

    A Union steward is one of your co-workers, he/she acts as an agent of the Local Union in the workplace. The Union membership and the Teamster Local Union determines procedures for electing and/or appointing Union stewards and negotiates how many stewards are in each job location, shift and department. The Steward's job is to make sure your company lives up to your contract. When there is a problem with management and you need Union help, your first stop should be a visit with your Union steward.

    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.

    In 1975, in NLRB v. J. Weingarten, Inc, the U.S. Supreme Court announced the rights of employees in the presence of Union representatives during investigatory interviews. Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as Weingarten rights.

    Weingarten Rules

    Under the Supreme Court's Weingarten decision, when an investigatory interview occurs, the following rules apply:

    RULE 1:
    The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

    RULE 2:
    After the employee makes the request, the employer must choose from among three options. The Employer must either:

    • Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; or
    • Deny the request and end the interview immediately; or
    • Give the employee a choice of (1) having the interview without representation or (2) ending the interview.

    RULE 3:
    If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

    Union Stewards should encourage workers to assert their Weingarten rights. The presence of a Union Steward can help in many ways. For example:

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

    2.The Steward can raise extenuating factors.

    3.The Steward can advise an employee against blindly denying everything, thereby giving the appearance of dishonesty and guilt.

    4.The Steward can help prevent an employee from making fatal admissions.

    5.The Steward can stop an employee from losing his or her temper, and perhaps getting fired for insubordination.

    6.The Steward can serve as a witness to prevent supervisors from giving a false account of the conversation.

    What is an Investigatory Interview?

    Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information that 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 a right to request union representation.

    Shop-floor conversations: Not every management-initiated discussion is an investigatory interview. For example, a foreman may talk to a worker about the proper way to do a job. Even if the boss asks questions, this is not an investigatory interview because the possibility of discipline is remote. The same is true of routine conversations to clarify work assignments or explain safety rules.

    Nevertheless, even an ordinary shop-floor discussion can change its character if the supervisor is dissatisfied with the employee's answers. If this happens, the employee can insist on the presence of a union representative before the conversation goes any further.

    Disciplinary announcements: When a supervisor calls a worker to the office to announce a warning or other discipline, is this an investigatory interview affording the worker a right to union representation? The NLRB says no, because the employer is merely announcing a previously arrived-at decision and is not questioning the worker. Such a meeting, however, can be transformed into an investigatory interview if the supervisor begins to ask questions to support the decision.

    Note: An employer that has followed a past practice of allowing stewards to be present when supervisors announce discipline must maintain the practice during the contract term. Refusing to allow a steward to attend would constitute an unlawful unilateral change.

    Investigatory Interviews usually relate to subjects such as:

    • Absenteeism
    • Accidents
    • Damage to company property
    • Drinking
    • Drugs
    • Falsification of records
    • Fighting
    • Insubordination
    • Lateness
    • Poor attitude
    • Sabotage
    • Theft
    • Violation of safety rules
    • Work performance

    Educating Workers

    The Supreme Court did not impose a notice requirement in its Weingarten decision. Employers have no obligation to inform workers of their right to request union representation. This is the Union's job.

    Shop Stewards should explain Weingarten rights to all employees they represent. A good way to get the word out is to distribute wallet-sized cards saying the following:

    "If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working condition, I respectfully request that my union representative, officer, or steward be present at the meeting. Without representation, I choose not to answer any questions."

    Local 776 has a pocketsize Weingarten rights card available on the Local’s website. Follow the link below to download, view and print a Weingarten Rights card:

    http://teamsterslocal776.org/docs/weingart_text.gif

    Members should present the card whenever they fear that what they say may affect their position with the employer.

    Rights of Stewards

    Employers often assert that the only role of a steward at an investigatory interview is to observe the discussion, in other words to be a silent witness. The Supreme Court however, clearly acknowledged a steward's right to assist and counsel workers during the interview. Decided cases establish the following procedures:

    1.When the steward arrives, the supervisor must inform the steward of the subject matter of the interview, i.e. the type of misconduct for which discipline is being considered (theft, lateness, drugs, etc.)

    2.The steward must be allowed to take the worker aside for a private pre-interview conference before questioning begins.

    3.The steward must be allowed to speak during the interview. However, the steward does not have the right to bargain over the purpose of the interview.

    4.The steward can request that the supervisor clarify a question so that the worker can understand what is being asked.

    5.After a question is asked, the steward can give advice on how to answer.

    6.When the questioning ends, the steward can provide additional information to the supervisor.

    It must be emphasized that if the Weingarten rules are complied with, stewards have no right to tell workers not to answer questions, or to give false answers. Workers can be disciplined if they refuse to answer questions.

    Your Union Steward is your first link to the Local Union. Know your Union Steward  by name, when needed ask for he/she by name.


    Sep 26, 2018

    In 1975, in NLRB v. J. Weingarten, Inc, the U.S. Supreme Court announced the rights of employees in the presence of Union representatives during investigatory interviews.

    THE WEINGARTEN RULE

    An employee's right to representation

    WEINGARTEN RIGHTS

    An employee may be represented by the union at an investigatory interview with his or her supervisor when the employee reasonably believes that the interview may lead to a disciplinary action.

    U.S. Supreme Court ruling:

    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.

    What is an investigatory interview?

    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 a right to request union representation.

     Investigatory interviews usually relate to subjects such as:

    absenteeism

    drinking

    fighting

    poor attitude

    violation of safety rules

    accidents

    drugs

    insubordination

    sabotage

    work performance

    damage to state property

    falsification of records

    lateness

    theft

    violation of work procedures

    Weingarten rules:

    Under the Supreme Court's Weingarten decision, when an investigatory interview occurs, the following rules apply:

    RULE 1

    The employee must make a clear request for union representation before or during 

    interview. The employee cannot be punished for making this request.

    RULE 2

    After the employee makes the request, the employer must choose from among three

    options. The employer must:

    Grant the request and delay questioning until the union representative arrives and has a

    chance to consult privately with the employee; or

    Deny the request and end the interview immediately; or

    Give the employee a choice of: (1) having the interview without representation or (2)

    ending the interview.

    RULE 3

    If the supervisor denies the request for union representation and continues to ask questions, he or she commits an unfair labor practice and the employee has the right to refuse to answer. The supervisor cannot discipline the employee for such a refusal.

    Rights of union representatives

    Supervisors often assert that the only role of a Union representative at an investigatory

    interview is to observe the discussion, i.e., to be a silent witness. The Supreme Court,

    however, clearly acknowledged a union representative's right to assist and counsel workers during the interview. Decided cases establish the following procedures:

    When the union representative arrives, the supervisor must inform the representative of the subject matter of the interview; i.e., the type of conduct for which discipline is being

    considered (theft, lateness, drugs, etc.).

    The union representative must be allowed to take the worker aside for a private pre interview conference before questioning begins.

    The union representative must be allowed to speak during the interview. The union

    representative , however, does not have the right to bargain over the purpose of the

    interview.

    The union representative can request that the supervisor clarify a question so the worker can understand what is being asked.

    After a question is asked, the union representative can give advice on how to answer.

    When the questioning ends, the union representative can provide information to the

    supervisor.

    It must be emphasized that if the Weingarten rights are complied with, union representatives have no right to tell workers not to answer questions or to give false answers.


    Jul 24, 2015

    Disciplinary Hearing Notes

    When you are called in for a disciplinary hearing with the employer it is important to document the proceeding. Local 776 has created a form for Stewards to use to help gather information concerning the meeting. To download, view and print the document follow the link below:

    Disciplinary Hearing Notes




    Page Last Updated: Sep 26, 2018 (17:16:00)
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