Honoring Weingarten rights is important when they apply because failure to do so can result in any ultimate discipline being overturned. However, the cases above show that companies retain the right to conduct these interviews in an effective manner and there are limits on union conduct at such meetings.
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Stop It! Ready, Set, Go! Do You Smell a Rat? Mail It In! Oh Snap! Back To Normal? Show Me The Money! Too Small? Final Exam? This is clearly contrary to Weingarten. The limitation on questioning that the Union seeks to impose under the aegis of Weingarten would severely circumscribe an employer's legitimate prerogative to investigate employee misconduct.
Such a limitation in effect vests in a union representative the authority to terminate an investigatory interview following a single series of questions by the employer. If he does so, as [union representative] did in this case, he loses whatever protection the Act affords a Weingarten representative.
The board recently affirmed some of these principles in a case involving PAE Applied Technologies earlier this year.
In that case, the NLRB determined an employer properly instructed union representatives and other attendees at an investigatory meeting to stop speaking when people were talking over one another while the interview was being conducted.
This case follows a significant NLRB General Counsel memo from last year that notes a union cannot force an employer to permit verbatim recordings of investigatory interviews involving union employees.
Honoring Weingarten rights is important when they apply because failure to do so can result in any ultimate discipline being overturned. However, the cases above show that companies retain the right to conduct these interviews in an effective manner and there are limits on union conduct at such meetings.
David concentrates a large portion of his practice on assisting employers with traditional labor matters. His deep experience includes collective bargaining, work stoppages, arbitrations, union avoidance training and strategies, union representation elections, unfair labor practice charges, contract administration, and various other labor relations issues. David has helped companies secure favorable outcomes with labor issues around the country. He has experience with numerous labor unions, including the Steelworkers, Teamsters, Laborers, Sheet Skip to main content.
New Articles. Shatzkes and Ehiguina L. Presley and Laura C. Samansky and Peter J. Stoffer and Ann E. Bertoncini and Sarah R. Swirsky and Adam S. Villalobos and Ayumary M. Tea and Kelsi E. Heiden and Audrey R. Congress Passes When an employee requests union representation at an investigatory interview, the employer should work to arrange a mutually acceptable time for the interview within a reasonable period of time days.
The meeting should not be unreasonably postponed because of the unavailability of union representation. Taking Corrective Action.
Progressive Discipline Steps. Investigatory Leave. Managing Probationary Employees. Employee Right to Representation.
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