YOUR WEINGARTEN RIGHTS


Know Your Rights As An Employee Undergoing An Investigatory Interview. Employees have Weingarten Rights only during investigatory interviews. An investigatory interview _occurs when:


Management questions an employee to obtain information; and
The employee. has a reasonable belief that discipline or other adverse consequence may result from what he/she says.


Why Have A Representative?


For the same reasons no sane lawyer would ever represent himself. The representative will/can:


Serve as a witness to the actual content of the investigation.
Object to intimidating tactics or confusing questions.
Help a pilot avoid making "fatal admissions."
Advise a pilot, when appropriate, against denying everything, and thereby giving the appearance of guilt or dishonesty.
Counsel a pilot against losing his/her temper.
Discourage a pilot from informing on others.
Raise extenuating factors.
Be of help in other ways.
How might you know if you are entering into an investigatory interview?


A manager asks to talk to you about an accident you have been involved in
A manager asks to talk to you but doesn't say about what.
You have been warned that a customer has complained about you.
A manager telephones you to talk about something that happened.
You are asked to write a statement about something.
A manager wants to give you a warning. First, Second, Third etc...
A manager approaches you to talk to you about your bad attitude.
E-mail correspondence.
Employee evaluations.
Anytime you think the manager may question you.
What is a "reasonable belief"? A "reasonable belief" is based on an objective standard. When all the circumstances are evaluated, it is rea sonable to believe that continued discussion could lead to discipline? If so, the Weingarten right arises.


Investigatory interviews relate to such subjects as:


Absenteeism
Accidents
Compliance with work rules
Damage to company property
Drinking
Drugs
Falsification of records
Lateness
Poor attitude
Poor work performance
Work slowdowns
Theft
Violations of Safety Rules


..........Under current law, any employee may represent you during an investigation. It might, however, be wise to request representation from a trained steward. Ask your steward if he/she has been trained concerning Weingarten rights.


Know Yours Rights When Called To Act As A Union Representative


You are seen in the eyes of the law as an equal to management during the time you are acting as a union representative. Make sure you understand this point.


The supervisor or manager must inform you of the subject matter of the interview; in other words the type of misconduct being investigated.


You must be allowed to have a private conversation with the employee before the questioning begins; and during the interview, if necessary.


You have the right to speak during the interview but you cannot insist the interview be ended.


You can object to confusing questions and can request that questions be clarified so that the employee understands what is being asked.


You may and should advise the employee not to answer questions that are abusive, misleading, badgering, or harassing.


When the interview is ended you may provide information to justify the employees conduct.


The employee has the right to ask for a specific steward.


You may not interfere with the company's investigation of employee misconduct.


In case Air Log asserts that the only role of your union representative in the investigatory interview is to observe the discussion, remember the Supreme Court has made it clear that your representative has the right to assist you and counsel you during the interview.


The investigated employee gets to choose which fellow employee will be the representative. However, the employer cannot be unreasonably delayed in conducting the requested interview. Don’t attempt deception.


These Rights From Management's Position...


When the employee makes the request for a union representative to be present management has three options:


They can stop questioning until the representative arrives.


They can call off the interview


They can tell the employee that they will call off the interview unless the employee voluntarily gives up his/her rights to union representation (this option the employee should always refuse).


Remember what to say if you perceive that you are entering into an investigatory interview?


You. Carry a card in your billfold.


"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Without representation present, then...


I choose not to participate in this discussion."


Any statement similar to this in nature protects you from giving up your Weingarten Rights.


Unlike the famous Miranda Rights which police tell criminal suspects about, Air Logistics does not have to inform you about your Weingarten Rights.


An unknowing pilot could enter into an investigatory interview and begin answering questions without realizing that he is in fact undergoing questioning that could lead to disciplinary action-i.e. a seemingly harmless casual conversation. In this case the pilot would be voluntarily answering questions that may be used against him/her.


Air Logistics is currently having pilots sign a paper that states that the purpose of the conversation is to investigate (whatever) and that the results of the interview may result in disciplinary action.


In this case, if the pilot does not ask for representation, he/she is giving up the Weingarten Rights, and cannot later say that he did not know that the interview was investigatory in nature.


If Air Logistics denies your request for union representation, and continues to ask questions, it commits an unfair labor practice and the pilot has a right to answer. However, he cannot walk out of the interview, i.e. be insubordinate.