Weingarten Rights: Training for Shop Stewards

Summary

Highlights

• Stephanie is guided by Laurie, the shop steward, to handle a disciplinary meeting. 🗣️
• The video emphasizes the rights of employees under the Weingarten rule. ⚖️
• Laurie demonstrates effective representation and inquiry during the meeting. 👥
• The importance of documentation and clear communication is highlighted throughout. 📋
• Union support is shown as a collective resource for navigating disciplinary actions. 🤝

Key Takeaways

• Always ask for union representation during meetings that may lead to discipline. 💼
• Know your Weingarten rights and how they protect you. 🛡️
• Keep communications clear and gather necessary documentation during such meetings. 📑
• Understand the grievance process as a way to challenge disciplinary actions. 🔄
• Stay calm and professional to ensure all rights and processes are respected. 🧘‍♀️

Overview

Chapters

• 00:00 - 00:30: Introduction This chapter introduces the concept of Weingarten meetings, which are meetings where an employee can have a representative present when there is a possibility of disciplinary action. The video is produced by OPI, a local aid shop, to help viewers understand how to effectively represent a co-worker during such meetings.
• 00:30 - 01:00: Stephanie's Concern about Meeting with Manager Stephanie is concerned about an upcoming meeting with her manager, fearing she might be in trouble. She discussed with a friend who advised her about rights to have representation during meetings with management. Her manager only mentioned needing to ask some questions, prompting Stephanie to request a 'Stewart' present during the meeting. Part of her concern stems from her recent sick leave following a serious back surgery three months prior.
• 01:00 - 03:00: Details on Stephanie’s Absences and Meeting Rights The chapter addresses Stephanie's attendance record at work, explaining that she typically only missed a couple of days sporadically. Despite her recent absences, she hadn’t established any ongoing attendance issues.
• 03:00 - 05:00: Discussion on Absence Policy and FMLA The chapter unfolds with a conversation regarding a meeting about the absence policy and the Family and Medical Leave Act (FMLA). The participants seem anxious, as one admits never having been in such an investigative meeting before. There is an expectation of someone from HR being present. The advice given is to provide honest, concise answers to the questions, and to feel comfortable saying 'I don't know' rather than guessing. The role of representation in the meeting is acknowledged.
• 05:00 - 07:00: Private Discussion Between Stephanie and Laurie Stephanie is called into a meeting with her supervisor, where questions that could lead to disciplinary action are being asked. In this context, she exercises her Weingarten rights, established by a Supreme Court decision, which allows union-represented employees to have a shop steward or union representative present during such meetings. Laurie assures Stephanie that it's okay to say she doesn't remember something and to ask to speak privately if needed. The chapter emphasizes the importance of knowing one's rights in the workplace and the support systems available through union representation.
• 07:00 - 09:00: Meeting Conclusion and Next Steps During the chapter 'Meeting Conclusion and Next Steps,' the discussion centers around the rights of employees to have union representation during meetings where there might be disciplinary consequences. It highlights how employees, like Stephanie, must proactively request union representation. The Weingarten rule is referenced, which states that this right is applicable when a supervisor is questioning an employee for information that might be used for discipline. A distinction is made that if a meeting is purely to inform about a discipline without investigation, then the Weingarten rule does not apply.
• 09:00 - 10:00: Laurie's Advice and Resources for Stephanie Laurie's Advice and Resources for Stephanie explores the interactions and guidance provided by Laurie to Stephanie regarding workplace issues. Laurie advises that if a supervisor refuses to halt a meeting for representation purposes, it's better to comply at the moment and file a grievance afterward. It's important to ascertain the purpose of the meeting if not already known. Laurie exemplifies this with a scenario where she addresses Stephanie's frequent absences in recent months. Stephanie explains that her absences were due to back surgery, which was expected to resolve her issues but unfortunately did not, leading to continued problems.
• 10:00 - 13:00: Key Practice Points for Shop Stewards In the chapter titled 'Key Practice Points for Shop Stewards,' the transcript reveals a conversation that highlights issues related to employee absences and company policy. An employee, Stephanie, is experiencing severe pain that sometimes prevents her from getting out of bed, leading to absences from work. She acknowledges calling in sick more than seven times in the last three months. The discussion also touches on the need for documentation and the employee's unfamiliarity with the company's absence policy. It underscores the importance of understanding and adhering to company policies and the potential need for better communication and support for employees dealing with health issues.
• 13:00 - 15:00: Encouragement for New Shop Stewards This chapter focuses on guidelines and encouragement tailored for new shop stewards. It covers essential policies regarding employee attendance and the strict limit on occurrences within a 12-month span. The dialogue implies an emphasis on understanding these rules clearly, including the amplification of occurrences if they fall on particular days, like Mondays or Fridays. It underscores the importance of proper documentation, confirming that new hires should have received a specific policy document outlining these rules. Additionally, it highlights a situation concerning medical absences, clarifying that absences under medical care might not count as occurrences, although this is subject to the correct application of the policy. The chapter serves as a practical guide for shop stewards to manage and support their staff effectively while adhering to company regulations.

Weingarten Rights: Training for Shop Stewards Transcription

• 00:00 - 00:30 the video you're about to watch was written produced and performed by OPI you local aid shop stores to help you represent a co-worker in a meeting with the supervisor that could lead to discipline these types of meetings are called Weingarten meetings hey Laurie um thanks for helping me out you know I my manager told me yesterday that she wanted to meet with me I don't know what it's
• 00:30 - 01:00 about but I just hope I'm not getting in trouble I'm glad you called she's not required to tell you that you can fit you ever write four representations unless you ask for it did your manager tell you what the meeting was about at all and I asked her yesterday and she said that she just wanted to ask me some questions so at that point of course I I said I wanted to have a Stewart in the meeting okay do you have any idea of something occurred lately that may have triggered this I called in sick again on Friday um I had back surgery pretty serious back surgery about three months ago how much
• 01:00 - 01:30 time have you missed you know more than usual a couple of days here and there have you missed work for any other reason no I mean I've never had any attendance issues until now when you called in did you tell your manager it was first because your back or did you call him just saying you were sick yeah I don't remember I mean barb knows why I've been out I mean she knew that I had the surgery and she knows that I'm going to physical therapy had she ever talked to you about applying for FMLA or family medical leave no cuz she had somebody look at your workstation area like you requested
• 01:30 - 02:00 no have you ever been an investigating meeting like this before no and I kind of can't believe this is happening it can be scary she's probably gonna have somebody from HR in with us as well but as long as they're just asking investigating questions you have a right to have representation so I can be there to help you and assist you we answer the questions you give her honest answers don't guess don't see I might have you just want to have short precise answers that's it if you're not sure feel comfortable and
• 02:00 - 02:30 just say you don't remember that's acceptable all right and if you need to stop and talk to me get a step away from us so we can talk privately just let me know or tap my arm and we'll go outside okay all right yeah because stephanie has been called to a meeting where the supervisor is asking questions that could lead to her discipline she can have her shop steward present she's exercising her Weingarten rights named after a Supreme Court decision that gives union represented employees the right to have a shop steward or union
• 02:30 - 03:00 representative present in this type of meeting your employer usually has no obligation to tell members of these rights employees must ask for union representation just like Stephanie did members must be given time to contact a union representative or shop steward the Weingarten rule is applied when the supervisor is questioning an employee to get information that the employee reasonably believes could be used as grounds for discipline if the meeting is just to inform about a discipline without investigating this rule doesn't
• 03:00 - 03:30 apply if the supervisor refuses to stop the meeting to allow representation it's best to comply now and grieve later try to find out the general reason for the meeting if the member doesn't know ask the supervisor to tell you thank you all for coming Stephanie I've noticed you've had a lot of absences in the last three months I just want to check and see what was going on you and I talked about this you know that I went in had back surgery and it was supposed to fix things but I still had some problems I've been
• 03:30 - 04:00 experiencing some pain sometimes and I've been going to physical therapy sometimes the pain so intense I can't get out of bed well my report here shows you've actually call it in seven times or more in the last three months is that correct yeah I guess can we have a copy of that paperwork that you're reading there I don't have any extra copies on hand Stephanie are you aware of our policy regarding absences I'm sure I read it a long time ago I haven't really looked at it Suzanne because I haven't had any
• 04:00 - 04:30 issues well you were given that policy when you're first hired we also reviewed this policy over a year ago and it states that you're not allowed to have more than four occurrences in a 12-month period which you've obviously exceeded you also call in on a Monday or Friday that counts as two occurrences do you have a copy of that policy in the documentation shows that stephanie received it no but I can get that for you does it count as my currency even though she's under the care of a doctor that is correct my understanding is that Stephanie's absences wouldn't count as occurrences
• 04:30 - 05:00 if she was covered under the FMLA there's no record of FMLA on her file she is not an extended leave she's just been absent way too much ice poked her in the hallway and she wasn't aware that it was something that she could possibly qualify for we get a copy of your family after your FMLA policy informs as well listen Lori I appreciate you wanting to help Stephanie out but I'm really going to need her to answer my questions and for you to do less questioning of me well I understand that and Stephanie's more than willing to answer your questions but it's my job here to represent her
• 05:00 - 05:30 and to help assist with the outcome of this at this meeting so we do have a right to ask for that information we'll need to get a copy of the policies as well as the tenants from your reading she's gonna need to talk to HR about that by looking through this of my notes it seems that there are several issues that need to be investigated further what further issues Stephanie appears that she does qualify for FMLA and she did ask that her workstation be looked at and possibly modified can you tell me
• 05:30 - 06:00 the status of her work area request I'll have to look into that I know it's been a while but at this time as I stated she has no FMLA on file and I have no choice but to give her a written warning I have to follow policy procedure all right um could we get a minute to talk to each other that's fine I'll take a call I'm I'm so mad you know this is not my fault it's not like I want to be injured this is it's just miserable take a take a deep breath you don't want
• 06:00 - 06:30 to lose your temper we know we're right I'm pretty sure she's gonna present you with a warning a written warning document I know signing it doesn't mean you do thing wrong it just acknowledges it received it when we could turn around to file a grievance against it hey guys ready so Stephanie I'm gonna have to give you a written warning I'm gonna need you to sign this we don't
• 06:30 - 07:00 agree with this discipline and after our own investigation will be likely filing a grievance if I recall the timeline in the contract states we have 10 days to submit a grievance that would be October 25th do you agree with that it seems about right yes before we go do you please make two copies of the write-up copy the tenants documentation the report you showed us today a copy the signed acknowledgment showing the last time Stephanie reviewed it and I need a
• 07:00 - 07:30 copy of your FMLA and application forms as well I can go and make you those copies but for the other two I'm going to need you to get back to me tomorrow or you can go to HR whichever works best for you I'll stop by your office tomorrow and pick this up in the afternoon do you mind you step and I use the room while you can make those copies that's fine you may have the room thinking you're welcome so Stephanie here's a copy of the contract for you to review you can also review a copy of it on the union website
• 07:30 - 08:00 the website also has some good information about the Family Medical Leave Act and other laws and rights may protect you as well so that would be good to review do you have any questions you know no I don't I don't think I do but you know I really appreciate you being here thank you not a problem here's my business card and then if you have any questions or concerns go ahead and give me a call any time if you can't get upholding me just go ahead and write them down then we'll go over it later as soon as
• 08:00 - 08:30 we can okay okay thanks so much oh you're welcome you're welcome it'll be fine we'll work it out good practice points our shop steward Laurie has shown requests copies of information presented during the meeting make notes of follow-up needed mention extenuating circumstances ask clarifying questions help the members stay calm and take a break if needed explain the grievance process as a way to challenge unfair discipline provide a copy of the union contract and other resources we've
• 08:30 - 09:00 presented this scenario is one of many possible situations you'll be faced with as a shop steward don't let yourself be intimidated by the prospect of facing management you should know that when in a Weingarten meeting you are in the same status as the management representatives with which you're dealing of course it is always best to keep a cool head and be professional but don't let management beat you down as subservient to them when you're fighting for the rights and protection of a union member you'll gain experience and confidence over time but
• 09:00 - 09:30 remember when just starting out take comfort in the fact that you're part of a larger group of Union stewards and representative we are always glad to take our time and energy to keep our union representation strong and to look out for the best interests of our membership never hesitate to call for any kind of help or advice in any situation you'll find useful and helpful practical information on the Union website in the shop steward corner including sections of the shop steward
• 09:30 - 10:00 manual it won't be long until you're helping and giving advice to new stewards and bringing forward a proud and worthy tradition of helping others and building a strong union yeah yes