Under Weingarten Rights, AASD members are entitled to union representation in any meeting/conversation that “may” lead to discipline. If you are called to a meeting where you are unsure of the topic, ASK! If the topic is a meeting/conversation that “may” lead to discipline or an investigatory meeting, please contact Donis Coronel, Executive Director, AASD/UASC for representation. Do not attend alone. Also, if you are in a meeting where things are moving in a direction that you feel could become disciplinary, kindly stop the meeting and state that you will reschedule the meeting when your union representative can be present. Know your Weingarten Rights!
What are Weingarten Rights? Named for a United States Supreme Court case, NLRB v. J Weingarten, Inc. 420 U.S. 251 (1975), Weingarten rights have been extended to public employees under California’s labor relations statutes. Simply put, an employee has the right to request a union representative in an investigatory interview when the employee has a reasonable basis to believe that discipline may result from any conference or meeting. The right to a union representative applies to investigatory questioning that is written as well as oral. The employee must assert their Weingarten rights – the employer has no obligation to notify employees of these rights. The employee does not have the right to choose who the union elects to represent them. The union representative has the right to sufficient information about the nature of the employee’s alleged wrongdoing before an investigatory interview takes place in order for meaningful representation. The union representative can ask clarifying questions, take notes, assist the employee in providing additional information, and provide moral support. Know your rights! Donis’ contact information is donis@unitedadmin.us
