INVESTIGATIVE INTERVIEW
An Investigative Interview occurs when someone in Management or the Security
Department questions a worker to obtain information which could lead to
discipline. Sometimes a discussion with Management will turn
into an Investigative Interview after some small talk. It's important to be on guard so that
if the questioning turns to something more than you expected, you know how
to respond.
YOUR RIGHT TO UNION REPRESENTATION
If you are called into a meeting with Management and have REASON TO BELIEVE
that discipline or other adverse consequences may result from what you say -
ASK FOR UNION REPRESENTATION!! You cannot be punished for the request. If
there isn’t a Union Representation present, you have the right to choose NOT to
participate in this discussion.
Union Members' Rights: (http://www.ranknfile-ue.org/stwd_idx.html)
1. You have the RIGHT to Union Representation.
2. You have the RIGHT to know the reason for the meeting.
3. You have the RIGHT to speak to your Union Representative prior to meeting
with Management.
Section 17.1 of the CWA-Qwest contract addresses your right to have Union Representation
at disciplinary meetings IF YOU REQUEST IT. Make sure you request a Union
Representative if you feel what you say will be used against you.
WEINGARTEN RIGHTS:
YOUR LEGAL
RIGHTS TO UNION REPRESENTATION
In 1975, the U.S. Supreme Court ruled on a case known as the NLRB vs.
Weingarten. The principles laid down in Weingarten are important ones which all
union members should be aware of.
In Weingarten, the Supreme Court upheld the following interpretation of
employees' rights to union representation as outlined by the National Labor
Relations Board:
An employee has a right to union representation in an interview with the
employer, if he or she reasonably believes the investigation will lead to
disciplinary action.
An employee only has this right if he or she requests such representation
before or during the interview. The employee cannot be punished for making this
request.
After an employee makes the request, the employer must either:
- Grant the request and delay questioning until the union representative
arrives and has a chance to consult privately with the employee;
- Deny the request and end the interview immediately; or
- Give the employee the choice of having the interview without representation
or ending the interview.
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.
The essence of "Weingarten Rights" is to give employees the
opportunity to have a union representative in a situation that may lead to a
punitive act against the employee. The rationale behind this concept as put
forth by the Supreme Court is that a single employee being interviewed might be
intimidated and, therefore, may not raise facts in his or her favor during the
disciplinary interview. A knowledgeable union representative, on the other
hand, would offer "aid and protection" by helping to guide the
interview.