3rd Party in Fact-Finding

deniseE

[font size="1" color="#FF0000"]LAST EDITED ON 02-12-04 AT 08:42AM (CST)[/font][br][br]We have a fact-finding scheduled with a suspended employee....he is non-union....but would like an attorney present at the meeting. Our postion in the past has always been that non-union employees may not have 3rd parties present at internal administrative meetings.

What are your thoughts?

I should add that we are a union enviornment. Managment level employees do benefit from the collective bargaining agreement; however without direct representation from the union.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 02-12-04 AT 09:42AM (CST)[/font][br][br]I think you'll find that the NLRA provides Weingarten rights to non-union employees as well, unless he is a management employee. However, you are free to NOT allow the representative to be an attorney. If he has Weingarten rights, you can state that he is allowed to have another employee with him at the meeting, unless the meeting is for the purpose of the administration of discipline. If your decision is made and the meeting is for the purpose of announcing the discipline, this right does not apply. If it's investigatory and may reasonably be thought to potentially lead to his discipline, and he is non-management, he can have another employee in the meeting. Attorneys, No, never.

Beave

As a public employer in Michigan, if a unionized employee reasonably believes that an examination may result in disciplinary action against the employee; and the employee requests representation, they are entitle to have union representation present (Weingarten Rights). We do not advise them of this right, they have to request the representation.

When dealing with a non union employee, I will give them the same right to have someone accompony them to the same hearing. They may bring a fellow employee with them, however, they are not permitted to have attorney representation with them at this hearing. Again, unlike miranda, I am not required to advise them of their rights.

deniseE

Thank you! I wasn't sure if Weingarten extended to non-union as well.

marc

And in an interesting twist on this type of situation, one legal beagle mentioned that allowing the attorney present will preclude him from representing the EE in any kind of action around the incident because the protection of privilege will have been effectively waived.

This was just a sidebar comment made in connection with a training seminar.

I did not get a chance to delve into this issue at all, but thought it was an intereting perspective.