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Know Your Rights

I recently attended Basic Steward's training at the Council 14 office. While I have been a steward at the library for about five years, it was good to get a refresher course. It's also a great opportunity to meet other stewards. We all received a large spiral steward's manual filled with everything we need to know about being a steward - and helping you - the member.

I'm hoping to make this a semi-regular column to share some of this information. The following is reprinted from the steward manual.

One of the most vital functions of a union steward is to prevent management from intimidating employees. Nowhere is this more important than in a closed-door meeting when supervisors, often trained in interrogation techniques, attempt to coerce employees into confessing to a wrongdoing.

The rights of employees to the presence of union representatives during INVESTIGATORY INTERVIEWS was announced by the Supreme Court in 1975 in NLRB (National Labor Relations Board) v. J. Weingarten, Inc. Since that case involved a clerk being investigated by Weingarten Company, these rights have become known as Weingarten rights.

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

• The steward can help a fearful or inarticulate employee explain what happened.



• The steward can raise extenuating factors.



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



• The steward can help prevent an employee from making fatal admissions.



• The steward can stop an employee from losing his/her temper.



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



• The steward can stop the supervisor from going on a "fishing" expedition.



• The steward can keep the supervisor on track.

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/her conduct. If an employee has reasonable belief that discipline or other adverse consequences may result from what he/she says, the employee has the right to request union representation.

We'll continue the discussion in next month's newsletter. If you're interested, read more about it in your contract or contact your local steward.