If a member finds him or herself in a situation where disciplinary action may be taken, please follow these steps prior to calling Local 400 PG:
1. Set up a meeting with the Building Supervisor to talk things out.
2. If step one does not work, set up a meeting between your Principal, Area Coordinator, Building Supervisor and yourself. (Call Plant Operations if you do not know who your Area Coordinator is.)
3. If step two does not work….call the Union and request for either Mr. Carnell Reed or Mr. William Sellman to contact you. Be certain to leave an active and up to date phone number so that I can reach you.
For information regarding the “Grievance Procedure”, please refer to the Negotiated Agreement, on page 12, Article VII – Grievance Procedure. There you will find the difference between a complaint and grievance and the steps to take to remedy the situation.
Weingarten Rights
Know Your Rights: The Right to Representation
If you are ever called into an interview meeting with your supervisor or manager so they can investigate a situation which might result in discipline, you have specific representational rights. These rights are summarized below:
1. You have the right to have a Union steward present.
2. If you want a steward there, you must ask for him or her.
3. If you do not know why your manager wants to meet with you, ask him/her if it is a meeting that could result in a discipline.
4. If your manager refuses to allow you to bring a steward, repeat your request in front of a witness. Do not refuse to attend the meeting, but do not answer any questions either. Take notes. Once the meeting is over call your steward at once.
5. You have the right to speak privately with your steward before the meeting and during the meeting.
6. Your steward has the right to play an active role in the meeting. She or he is not just witness.
These rights are called "Weingarten Rights" based on a 1975 Supreme Court decision (NLRB vs. J. Weingarten). As with all rights, if we do not use them we lose them.
This statement could save your job:
"If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my steward be present at the meeting. Without representation present, I choose not to respond to any questions or statements."
Garrity Rights
In the case of Garrity v. New Jersey, the U.S. Supreme Court determined that public employees could not be forced, under clear threat of discipline, to violate the principles of compulsory self-incrimination.
This decision established what have come to be called "Garrity Rights" for public employees.
The Garrity rule is similar to Miranda rights for public employees. However, the burden is on the employee to assert their Garrity rights. These rights can and should be asserted whenever an employee believes they are being investigated for possible criminal conduct.
Once an employee has asserted their Garrity rights, management must:
1. Give a direct order to answer the question;
2. Make the question specific, directly and narrowly related to the employee's duty or fitness for duty;
3. Advise the employee that the answers will not and cannot be used against him/her in a criminal proceeding, nor the fruits of those proceedings;
4. Allow union representation if the employee also asserts their Weingarten Rights.
Loudermill Rights
A U.S. Supreme Court decision somewhat similar to Weingarten occurred in 1985, with the case of Cleveland Board of Education v. Loudermill. This decision established what have come to be called "Loudermill Rights" for public employees.
Loudermill Rights apply to incidents of involuntary termination.
Prior to being terminated, "the . . . tenured public employee is entitled to oral or written notice of the charges against him (or her), an explanation of the employer’s evidence, and an opportunity to present his (or her) side of the story."
Unlike Weingarten, the employer has an obligation to inform the employee of his/her Loudermill Rights.
The employee has the right to speak or not to speak at the Loudermill (or "pre-disciplinary") hearing. Also, the employee has a right to union representation, and the union representative may speak on behalf of the employee.
If the employee chooses not to attend the Loudermill (or "pre-disciplinary") hearing, the employer may proceed with termination