Most of us have seen this statement but do we know where it came from? The statement and explanation is on the backside of your membership card and it should be posted on your Union bulletin boards. It would be very wise to familiarize yourself with these rights. This may be a little long but it is important to know.

 

The National Labor Relations Act-Section 7 (1935) states, “Employees have the right to self-organization, to form , join or assist labor organizations, to collectively bargain through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection”. Very simply, this says that we have the right to be in a Union to ask for assistance from or to help other Unions.

 

The Weingarten Rights- The Supreme Court of the United States (1975) has ruled that an employee is entitled to have a Union representative present during any investigative interview which may result in their discipline. It is up to you, the employee, to insist upon Union representation. If you fail to do so, you may have waived your rights. This was decided a full 40 years later as a test to see how strong the Act was.

 

The Weingarten Statement-“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 steward, business agent or Union officer be present at this meeting. Without representation, I choose not to answer any questions.” The important thing here is that you have a reasonable concern that you will be unfairly treated if you don’t have Union representation.

 

Where did this come from? That’s a good question! The situation arose because of a J. Weingarten employee named Leura Collins who was being questioned by store security about some thefts of food. The J. Weingarten Company in Texas was a similar operation to the old Woolworths in that they had a food counter where people could come for a lunch or a snack. They also had food carts for quick, prepared boxes of food for those on the go. 

 

Leura Collins was a clerk at store #98 for10 years when she was transferred to a food cart operation. A fellow employee saw her put $1 in the cash register for a box of chicken that cost $2.98. The fellow employee called the store manager and told him what she saw. Store security did a clandestine surveillance investigation and found no evidence of ongoing theft of food or services. They called Collins into the office anyway to inform her that she was absolved from scrutiny. The fact of the matter was that she did indeed put $1 in the cash register and did use a box for the $2.98 chicken because they were out of the $1 boxes.

 

Collins repeatedly asked for her Union steward and was repeatedly denied this benefit. As they were letting her go, she broke down saying that the only thing she ever got from the store was a free lunch. That alerted the investigator who asked her more questions and found out that there was indeed free food going to the employees although there was a rule forbidding it. The company stated that she was guilty and she was disciplined. The company further stated that she should not mention this to anyone as it was none of their business.

 

The UFCW filed a grievance for her on the grounds that she was doing what her manager had repeatedly done in that she thought that a free lunch was something that was a benefit for the employees. After all, if the boss is doing and condoning it, then why shouldn’t she? This is the same boss who called the store investigator against Collins.

 

This progressed through the Unions progressive discipline procedures, to arbitration, then on to the legal system. The decision to have Union representation during an investigation was upheld in the lower courts but over turned in the Circuit Court of Appeals in Texas. The case finally landed in the United States Supreme Court where a great discussion among the Supreme Court justices was held. Some of the judges were afraid that if they ruled in favor of Collins and the UFCW, that it could spread to non-union employees as well. This is very true as the act does not say that a non-union person cannot ask a Union for help. The other judges sided with Collins and the UFCW and agreed that she did have the right to Union protection and that this right was affirmed by the National Labor Relations Act of 1935 and that they J. Weingarten company violated these rights. This decision was made by 1 vote. Had it gone the other way and Collins and the UFCW were not entitled to Union representation, we would all be in trouble at each and every moment of employment. By the way, the J. Weingarten Company had to pay all of the legal fees~snicker~!

 

One of the last things that President Clinton did before leaving office was to specifically include non-union employees into this protection. One of the first things that President Bush did upon entering office was to specifically remove non-union employees from the rights. This ruling still stands today.

 

Here are your rights as decided by the United States Supreme Court in 1975 as the results of the justice’s arguments:

·        Union members have a right to union representation at an investigative hearing if they reasonably believe that they the investigation could lead to disciplinary action.

·        The member must ask for the representation. The company does not have to inform you of that right.

·        Management does to have to call the union. The employer can stop the meeting or issue discipline. Get your Union representative NOW!

·        The Union representative has the right to

         1.      Know the subject of the investigative hearing,

         2.      To confer with the member prior to the hearing,

         3.     Speak and participate in the hearing. The Union representative cannot argue the case as it is not yet a grievance hearing.

·        The employee does not have the right to select the representative of their choice. If the steward is on vacation then another representative can fill in. You cannot wait until the steward is back from vacation.

 

If the employer is responsible for the representative not being available, then the supervisor must end the meeting until the representative is available.

 

If the Union is responsible for the representative not being available, then another representative or employee can be called in, unless the supervisor chooses the end the meeting.

 

The member can ask for a witness if no steward is available

 

Upon stating your Weingarten Rights remain silent until the representative shows up. If you make any statement, you may have waived your rights.

 

The company has to respect your wishes or face further action by the Union.

 

 

I hope that this was enlightening and that you will remember your hard fought for and hard won rights.

 

Rich