In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
During an investigatory interview, the Supreme Court ruled that 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:
grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
deny the request and end the interview immediately; or
give the employee a clear choice between having the interview without representation, or 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.
"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. Until my representative arrives, I choose not to participate in this discussion."
-------------------------------------------------------------------------------------------------------------------------
"At the banquet table of nature there are no reserved seats.
You get what you can take, and you keep what you can hold.
If you can't take anything, you won't get anything;
and if you can't hold anything, you won't keep anything.
AND YOU CAN'T TAKE ANYTHING WITHOUT ORGANIZATION."
A. Philip Randolph Founder - Brotherhood of Sleeping Car Porter and former Vice President of the AFL-CIO
The education of our shop stewards is an investment in the union's future. To handle grievances, shop stewards need to know the law, the contract, and how to communicate effectively. If you are interested in becoming a shop steward or just interested in how they function, you are welcome to attend.The Union is proud to introduce four new Shop Stewards who completed the Union's Shop Steward Training Program.
The education of our shop stewards is an investment in the union's future. To handle grievances, shop stewards need to know the law, the contract, and how to communicate effectively. If you are interested in becoming a shop steward or just interested in how they function, you are welcome to attend.
JOBS OF THE SHOP STEWARD
The shop steward structure is the backbone of the union. The traditional role of the steward has been just to handle grievances. Actually, the shop steward is responsible for many other jobs. A good steward serves as much more than just the member's advocate in the grievance procedure.
Other responsibilities are: organizing and helping make better union members by, informing workers of union meetings by and urging them to attend, acting as a "transmission belt" between union officers and the membership. The shop steward structure is also the communication system within the union.
KNOW YOUR RIGHTS
The most important role of the shop steward is helping workers with work-related problems before they become formal grievances. This column will be used to give you helpful basic information regarding your rights as an employee under a union contract.
The education of our shop stewards is an investment in the union's future. To handle grievances, shop stewards need to know the law, the contract, and how to communicate effectively.
HOW TO INVESTIGATE A GRIEVANCE: THE CHECK LIST OF
THE FIVE W'S
WHO:
Who are the parties (grievant, supervisor, and witnesses) involved?
Who else may have a similar problem? Or is the grievance applicable to more than just one
worker.
WHAT:
What is the nature of the dispute? What did the supervisor say?
What did the worker say?
What do you want?
What do the witnesses say?
What is the remedy?
What contract articles were violated?
What are the time limits for each step in the grievance process?
WHEN:
When must the grievance be filed?
When did the incident happen?
WHERE:
Where did the dispute take place?
WHY:
Why is the incident considered a grievance?
Why did the incident take place?
After all the questions are asked and answered, go back and double check everything.
-----------------------------------------------------------------------------------------------------------------------------
Grievance Fact Sheet
Do not turn this form into Management.
This information is for the Union’s use only.
WHO IS INVOLVED?
Worker:
Name:
Classification:
Hire date:
Department:
Address:
Phone:
Management:
Name:
Department:
Name:
Department:
Name:
Department:
Name:
Department:
Violation of Contract: Article ________ Section _________ Page
Violation of Law: Federal ________ State __________ Local
Violation of Work Rule
Unfair treatment (give specific examples)
Violation of Arbitrator's Decision:
Violation of Past Practice:
Other:
Worker's Story:
Witness (es)' Story (Get signed & dated statement(s)
WHEN DID THE GRIEVANCE OCCUR?
Date grievance occurred ____/_____/ ____
Date worker contracted steward or union ____/_____/ ____
Date grievance filed ____/_____/ ____
WHERE DID THE GRIEVANCE OCCUR?
__ Department __Building __Parking Lot __Other
WHAT SETTLEMENT WILL MAKE THE GRIEVANT WHOLE?
(Adjustment necessary to place grievant in position he or she would have been if the grievance had not occurred)
FACTUAL INFORMATION THAT MAY BE NEED
__Arbitrator's decision ___Medical Records
__Disciplinary records ___Memo of Understanding
__Federal, State, Local law ___Other
__Grievance file ___Past Practice file
__Seniority list ___Work rule
With whom was the grievance discussed?
Name Title Date Deadline for next step
Step 1
Step 2
Step 3
Step 4
Step 1
Step 2
Step 3
Step 4