United Public Employees.
<
  • Slide 1.
  • Slide 2.

STAY CONNECTED
WITH UPE

TO SIGN UP FOR ELECTRONIC UPDATES FROM UPE THAT WILL BE DELIVERED DIRECTLY TO YOUR INBOX!


UPE News Item

  Right to Representation During a Disciplinary Interview

 

This is a general overview of one of your rights. There are often many laws, legal rulings, and Past Practices that define how a right applies to a particular situation. While it is important to exercise your rights, it is also important to know when they may not apply. If questions arise about how these rights apply to your situation, contact your Steward or Union rep.

 

Right:
Know the purpose of any meeting and have your representative present in investigatory meetings.

 

Authority:
NLRB v. Weingarten, 420 U.S. 251, 95 S.Ct. 959 (1975).

 

Discussion:
You have the RIGHT to ask what the meeting is about, and what will be discussed. If the meeting is disciplinary, accusatory, or investigatory in nature, you have the RIGHT to have a Union representative present, if you have a reasonable belief that the interview could lead to discipline against you.

 

If your Union representative is not available, you have the RIGHT to ask that the meeting be rescheduled to another time when your representative is available. If your supervisor orders you to attend the meeting, follow these steps:

 

  1. Attend the meeting to avoid being accused of insubordination;
  2. As the meeting begins, inform the person conducting the meeting that
    1. you are there under protest;
    2. you intend to file a grievance because you were denied your right to have your representative present; and you will stay in the meeting but will not participate in any discussion until you can talk with your UPE representative. Be sure to take notes of what is said to you. Do not respond to questions or accusations!

 

If you receive a direct order to respond and you refuse the employer may bring insubordination charges against you. This charge will most likely not be upheld if you have correctly asserted your rights. EXCEPTION: If there is NOT reasonable cause for you to believe that discipline could be the result of your response(s) then you could be insubordinate if you do not cooperate and could be disciplined on that basis.

 

Counseling Memos, Performance Improvement Programs (PIP) and Performance Evaluations: Generally these personnel actions are not considered discipline because the employer has a right to communicate their performance expectations and to inform the employee of performance deficiencies.

 

How to exercise your rights:
Your employer is NOT required to tell you what your rights are. You MUST request to have your representative present. Contact the Union office and let the person answering the phone know you have an urgent issue.

 

What to do if you believe your rights have been violated:
Contact the Union office or your Steward immediately.

 

WEINGARTEN DECISION

 

In a landmark decision known as the "Weingarten Decision", the United States Supreme Court ruled that employees represented by a labor union who are called into an investigatory meeting may have a steward or union officer present during the investigatory meeting.

916-736-9503
9333 Tech Center Drive, #300 • Sacramento, CA  95826
info@upe1.org