bringing a co-worker to a meeting

MS HR

where can i find a reference that shows that an employee (non-union) has a right to bring along a co-worker to sit in attendance with the employee at a meeting that may result in disciplinary action. (NOTE: the employer is a public agency)

Peyton Irby MS

unless your internal policies or civil service requirements dictate that an employee has a right to a fellow employee in attendance, then you don't have to allow it. rules are different for private employers.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

Pork

MS HR:
While it might not be covered under law, I would encourage the employer to be accomodating to the concerned ee. At the same time you want to make sure you, likewise, have another person supervisor/manager in the meeting. You should control the meeting from the "get go" and "until finished". Do not let personal and confidential matters to be discussed with the guest present, unless you get a signed memo by the concerned ee that it is ok to discuss these personal and confidential matters with these persons present.

I have had a few opportunities to entertain guest of the concerned ee and the guest was of little importance and never have they interjected anything of value in the resolution of the issues. But, the ee was more at ease and open with the guest present in each case.

PORK

Don D

I'll disagree with my cellmate Pork. You should be very careful about taking it upon yourself, as a public sector manager, to, in effect, establish your own personnel practices. You are governed by the specific, published practices of your agency and you are not at liberty, as we may be in the private sector, to chart your own direction or choose your own course, typically. I would go with what Peyton suggested.

mushroomHR

You may want to check the NLRB's website. There was a Supreme Court decision, NLRB vs Weingarten that may help you. Go to [url]www.NLRB.gov[/url] for further information on this topic.

deniseE

Our reading of Weingarten is that Union employees may have a co-worker present, but that is not yet open to non-union employees.

Whatever you decide, make sure that you continue the practice consistantly....or you will have a headache!

Gillian3

No, it was expanded outside of the union environment by the NLRB. I don't have the time at the moment to give the information about that but it was.

deniseE

Our attorney had advised us that the case dealing with non-union ee's had been overturned...

I guess nothing is simple!!! #-o

Gillian3

I'd certainly get the proof that Weingarden was overturned, because I haven't heard that it has. Let us all know if you get it because this issue is a biggie.

Beave

As a public employer, I have addressed this a couple of times. While it is true that the Weingaten ruling applies to unionized employees, under advise from our attorney, whenever anyone (unionized or not) is called to a meeting facing disciplinary actions WE afford them the same right. In the absence of union representation, nonunionized employees are allowed to have a co-worker if they chose. THEY have to request that right. It is not my responsablity to inform them of this act. They are NEVER allowed to bring an attorney - never.

The thought of allowing nonunionized employees facing disciplinary actions this same right as unionized employeed is this: Someday, somewhere, some nonunionized employee is going to challange that right & some judge somewhere is going to grant them that right and pay them attorney fees and a large lump sum in return. We are not able to afford that fight financially on behalf of our taxpayers.

LindaS

Weingarten rights apply to both union and non-union employees but I'm not positive on the impact regarding public sector employers versus private.

TN HR

My understanding is that Weingarten applies to both union and non-union in the private sector. I am not aware that the NLRB's ruling was overturned.

In any event, from a union-avoidance perspective, why wouldn't you afford a non-union EE that "right"? As long as you conduct yourself in a professional manner and you retain control over the meeting, then I see no harm.

Gene

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 02-28-04 AT 07:25AM (CST)[/font][br][br]Very Good Point, Gene.

The three labor attorneys I checked with say that Weingarten does in fact still apply to private sector, non-union, non-management employees and that nothing has been overturned. The NLRB ruling is three years old now, one said. So, I reckon that's four attorneys I've heard from, counting the attorney above who offered the first response.

marc

Just to clarify a point, as long as the meeting is in the exploratory stages of the disciplinary process, the visitor can be allowed, but if the disciplinary action has already been determined, the visitor can be excluded, at least for private companies.

Don D

Good point Marc. Also true with union companies unless contract specifically states otherwise.

Rockie

It is my understanding that because of the Weingarten case, non-union employees were afforded to same rights as union employees to have a representative at a meeting. Keep in mind that this applies to fact finding or investigatory meetings. This does not apply to disciplinary meetings.

I've not heard anything about Weingarten being overturned. I am sure this would have been big business news if that was the case.