Is Weingarten an employer's responsibility?

LindaS

We are a union facility and am not sure if we, as the employer, are required to advise an employee of his/her Weingarten rights when having a disciplinary meeting, etc. Should we just assume that the employee will want union representation and bring a union rep. to a discipline meeting? Should we ask the employee at the beginning of the meeting if they want union representation then go get a union rep. if they respond "yes"? Do we just begin the meeting and wait for the employee to request it?

Any advice would be appreciated.

Don D

The employer is not required to advise the employee of his rights or to have a steward at the meeting. It is the employee's right to request one, but he has an obligation to invoke his right. That said, I have found that it works more smoothly when the ee and union rep are called to the meeting at the same time. That's just my preference, because it makes the timeline move along. Otherwise, you run the risk of being seated, getting started, hearing the request, stopping the meeting, locating the person requested and waiting for them to show up.

vmiller MO

You should first look to your union contract to determine if contractually you have to provide a steward. Some contracts require a steward to be present and some do not.

You should next consider whether your company has a "past practice" of providing stewards during investigatory interviews of employees which may lead to discipline to those employees. If you have a past practice, there are a number of arbitrators who will follow past practice and the NLRB may find that you are unilaterally making a change without first bargaining with the union about the change.

If you have no contractual obligation or past practice, then it is the employee's responsibility to ask for a steward. You do not have to inform the employee of the Weingarten Rights.

Finally, you should consider the impact that not informing the employee of Weingarten rights will have on your relationship with the union. This consideration is, in my opinion, very important and should be made after careful calculation.

Good luck.

Vance Miller
Editor, Missouri Employment Law Letter
Armstrong Teasdale LLP
(314) 621-5070
[email]vmiller@armstrongteasdale.com[/email]