Weingarten Rights are guaranteed to all employees under the National Labor Relations Act (NLRA), the longstanding federal law that guarantees employees' right to organize. 

Section 7 of the NLRA provides employees with the right to representation in certain situations. Detailed information is available from the National Labor Relations Board (NLRB): NLRB.gov.  

The following is a non-exhaustive list intended to support KSFA members in recognizing situations where these rights may apply to them. KSFA members can always refer to the NLRB website for specific and detailed information.

You may request representation at any meeting which meets the following criteria

• A manager, representative of management, or supervisor is seeking to question you.  

• The questioning is part of investigating your performance or work conduct.  

During an investigatory interview, you might be required to defend, explain, or admit misconduct or work performance issues that may form the basis for discipline or discharge.

KSFA recommends that members consider any situation involving a SOD form as an investigatory meeting - see below to understand why. 

• You reasonably believe that the investigation may result in discharge, discipline, demotion, or other adverse consequences to your job status or working conditions.  

• You request a KSFA representative.  

Every KSFA member needs to know

• KS is not required to advise you of your right to representation, and third parties (including KSFA representatives) may not request on your behalf. Only you can.

• You do not need to specify a “Weingarten” representative.  Once you request a representative, you are not required to repeat that request.

Your Weingarten Rights are serious - KS cannot take them lightly

• Denial of your request for representation and continued questioning may constitute an unfair labor practice.

• Disciplinary action against an employee who refuses to answer questions without their KSFA representative is an unfair labor practice.

• When in doubt: Know your rights and Document, Document, Document.

An investigatory meeting (or interview) is a meeting where a KSFA member might be required to defend, explain, or admit misconduct or work performance issues that may form the basis for discipline or discharge.  

Meetings to discuss inquiries raised via the Hi‘ikua or Ethics Point process are investigatory in nature.

KS Managers issue Summary of Discussion (SOD) forms to document discussions regarding conduct and performance issues with employees.  

KS states that SODs are not disciplinary in nature, however, KSFA’s experience is that they are often used as such by school-level management.  

This statement is printed on the bottom of the SOD form: 

While this is not a disciplinary discussion, please note that any further incidents of this or a similar nature may result in disciplinary action up to, and including, termination of employment; or, placement on a Performance Improvement Plan (as applicable). 

KSFA strongly urges members to know their rights in any situation involving a SOD. 

A Performance Improvement Plan (PIP) is issued by a KS Manager to an employee to address ongoing deficiencies in their job performance and to develop a plan of support toward improvement. The PIP should only be issued after coaching or counseling (which includes written expectations for achieving satisfactory performance) have been provided to the employee without improvement. Support should be clearly documented (ideally via multiple SODs).   A PIP is pass or fail.

KSFA subscribes to the original and constructive intent of PIPs - that they should be a roadmap to support an employeeʻs efforts to reach satisfactory performance levels. 

There is a standard for a PIP

Our Collective Bargaining Agreement (CBA) requires that a PIP be in writing.  

It must:

• Identify areas of deficiency and expected standards for each area

• Identify developmental opportunities that KS will provide to the employee

• Define the timeline (a minimu of 3 months) to demonstrate satisfactory performance in each area

During that time, KS is required to provide regular feedback to the employee on their progress. 

KSFA encourages members to document efforts they undertake to resolve deficiencies identified as part of a PIP and to proactively follow-up regarding their progress, even if the Employer does not.  

The PERS-9 is a Disciplinary Action Form issued by a KS to an employee. This form becomes a permanent part of an employee's personnel record.

Ongoing:  A KS Manager will issue a PERS-9 form to an employee who has continued to demonstrate conduct (behavior) problems after receiving coaching and counseling. Prior coaching and counseling should have been documented via SODs

Extreme: A PERS-9 may also be issued without prior coaching and counseling to an employee who exhibits egregious behavior without prior incident.  

Disciplinary Actions taken and documented in the PERS-9 include, but are not limited to:

• Verbal Warning

• Written Warning 

• Suspension

Data collected during an investigation initiated by a Hi‘ikua or Ethics Point complaint is sometimes submitted to a Resolution Team for review.  

Resolution Team decisions are final within KS

Final decisions regarding outcomes are made by this team, whose decisions are final and cannot be appealed by faculty, staff, or campus leadership.  

Only a KSFA grievance can appeal a Resolution Team Decision

The only available process to appeal Resolution Team decisions (which have included termination of employees) is through a grievance filed by KSFA.