Your Rights

Weingarten Rights

Weingarten rights address the right of members to have union representation during an investigatory interview. An investigatory interview occurs when a supervisor questions a member to obtain information that could be used as a basis for discipline or asks a member to defend his/her conduct.

If a member has a reasonable belief that discipline or other adverse consequences may result from what he/she says, the member has a right to union representation by a person of his/her choice.

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

Rule 1

The member must make a clear request for union representation before or during the interview. The member cannot be punished for this request.

Rule 2

After the member makes the request, the employer must choose from among three options:

• Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the member; or

• Deny the request and end the interview immediately; or

• Give the member a choice of 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, the employer commits an unfair labor practice and the member has the right to refuse to answer. The employer may not discipline for such a refusal.

The Law

The duty of fair representation is the legal obligation placed on the association and its agents (that includes Building Reps) to represent the interests of all bargaining unit members in a fair and impartial manner regardless of affiliation with the association, while at the same time protecting collective interests.

Building Representatives have the legal right:

• To serve and to act as the association’s representative, without penalty or reprisal.

• To be recognized by the employer as the association’s representative.

• To attend meetings between the employer and one or more bargaining unit employees in order to discuss issues of wages, hours of work and other terms and conditions of employment.

• To participate in such meetings by asking questions, clarifying issues, making statements and advising employees.

• To investigate incidents and problems associated with the rights and benefits addressed in the contract and statutes.

• To request and to receive relevant information from the employer.

Gripe or Grievance?

All grievances are gripes, but not all gripes are grievances. Grievances address specific violations of contract language or contract practice. An important part of each Building Representative's job, as well as all elected officers, is to know the difference when members bring their issues and concerns to them. In addition, keep in mind that filing a grievance should be the last step, not the first, in attempting to resolve a problem. Many situations can be resolved without filing grievances.

In all situations, it is the responsibility of your officers to make sure that the terms of the contract are upheld and that the terms and conditions of employment are applied equally to all in a fair and consistent manner. A grievance may be a necessary tool to employ in order ensure this.

Grievances

The grievance procedure is designed as a process to constructively resolve disputes and questions regarding contract interpretation. In the state of Michigan, the definition of a grievance is negotiated by the parties at the local level. However, in general terms a grievance is defined as: a claim by member(s) that there has been an alleged violation, misinterpretation or misapplication of a specific article or section of the contract. In short, a grievance is a problem-solving device. It allows for a constructive and orderly resolution to contract disputes. Only bargaining unit employees or the association may file a grievance. Grievances cannot be filed by one member against another member. Building Representatives may be asked to mediate these interpersonal kinds of disputes (and certainly may do so informally), but they are not grievances unless they involve alleged violations of the contract by the administration.

Generally, there are two types of grievances:

• Employee—a grievance filed by a bargaining unit employee, challenging an action by management.

• Association—a grievance filed by the association on behalf of an employee, a group of employees or the association as an institution.

Who to talk to if you believe your contract is being violated

Building Representatives are your first point of contact. Your assigned Building Representative should be contacted if you believe your contract is being violated. If there is a reason you feel your assigned Building Representative is not a suitable representative, you are free to contact any other Building Representative for assistance. You may also contact any of the elected officers or the Grievance Officer for assistance.

As an association advocate, the Building Representative has the duty to represent all members with absolute fairness and impartiality. Personal belief in the soundness of a member’s grievance is irrelevant.

Every member is entitled to the benefit of every remedy and defense available, and it is the job of each Building Representative to assert every such remedy and defense. A Building Representative's job is not to decide what is just or right—that is the function of the arbitrator should a grievance get to that stage. Their job is to vigorously represent the member’s cause and seek a remedy to which he/she is entitled.

Please complete a Grievance Fact Sheet if you believe a grievance has occurred. All matters are time sensitive. This form allows important dates and events to be captured.

Grievance Procedure

See CBA Article 18, page 62.