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  1. #21
    Getting In The Groove Now.

    Join Date
    Nov 2008
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    710
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    USF Holland
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    USA
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    Default Re: Weingarten Rights - Request for a Shop Steward

    Here is a question for you. My husband was terminated for causing a hostile work environment. We went thru the grievance and 6 man board. After bringing up a lot of info including my husbands FMLA he was granted his job back. They challanged his unemployment and had a phone hearing with the judge, the company and my husband. They would not let the stewards in the room with the company. Unfortunately, my husband froze and did not say anything on his behalf. Should they have let the stewards in this meeting/hearing? We have since sent a letter if dispute and expressed he was so nervous he was unable to stand up for himself. Im curious as to what you think! Thanks

  2. #22
    New Yorker

    Join Date
    Aug 2008
    Local Union
    728
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    CF/YELLOW
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    Las Vegas
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    Default Re: Weingarten Rights - Request for a Shop Steward

    God Bless youse guys, I am glad I was able to retire. I miss all the back and forth stuff!

  3. #23
    Getting In The Groove Now.

    Join Date
    Mar 2009
    Local Union
    830/500
    Employer
    Hygrade Food Products
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    Cherry Hill,NJ.
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    Default Re: Weingarten Rights - Request for a Shop Steward

    I hate to sound stupid.....but when did being late warrant a Suspension?

  4. #24
    Resistance is futile.

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    Nov 2007
    Local Union
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    YRC-Roadway
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    North Carolina
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    Default Re: Weingarten Rights - Request for a Shop Steward

    Quote Originally Posted by kathyr View Post
    Here is a question for you. My husband was terminated for causing a hostile work environment. We went thru the grievance and 6 man board. After bringing up a lot of info including my husbands FMLA he was granted his job back. They challanged his unemployment and had a phone hearing with the judge, the company and my husband. They would not let the stewards in the room with the company. Unfortunately, my husband froze and did not say anything on his behalf. Should they have let the stewards in this meeting/hearing? We have since sent a letter if dispute and expressed he was so nervous he was unable to stand up for himself. Im curious as to what you think! Thanks
    The Investigatory Interview
    Weingarten Rights can be invoked ONLY in an investigatory interview, which occurs when:

    Employer Representatives (Supervisor, Manager, et. al.) question an employee about specific conduct or to obtain information that could be used as a basis for discipline.

    As a result of the above, the employee has a reasonable belief that the interview could result in discipline or some other adverse consequence. Example: an employee being questioned about an accident would be justified in fearing that he or she might be blamed.

    Of course, not every interaction between employee and supervisor is an investigatory interview; for example, a supervisor speaking to a subordinate about a particular job performance. While the supervisor may no doubt question the worker about his or her performance, the likelihood of discipline is not the issue. Both parties are merely engaged in a work-related conversation – there is no investigation.

    However, this workshop conversation could suddenly acquire an entirely different demeanor should the supervisor becomes hostile or the questioning turns into suspicion. In this case, any employee may become fearful; at this point would require union representation.
    http://teamstersonline.com/forums/WeingartenRights.php

  5. #25
    Union Made!

    Join Date
    Mar 2009
    Local Union
    63
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    YRC- Bloomington
    Location
    Colton
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    Default Re: Weingarten Rights - Request for a Shop Steward

    Question: I was given verbal notice of my layoff on 7/2/09 with my steward present. I asked for a copy of my layoff letter during that meeting but was told it was being mailed Certified that same day. 10 days (exclusive of weekends) has passed. Do I file a grievance for back pay and re-instatement? Where do I start. No trust in Stewards. I will take it to the local hall myself.

  6. #26
    Glad To Be Back!

    Join Date
    Oct 2008
    Local Union
    7
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    Old Europe Cheese
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    S.W. Lower MI
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    Default Re: Weingarten Rights - Acting as Steward

    Ok, I have a couple questions about the role of a steward.
    I first would like to confirm that when I am acting in the role as steward, I am on the same level as management. As I understand it, it is that way so that I cannot be bullied or pressured into something that I would not normally do. Now my question is does this happen only at contract negotiations, or is this whenever I am representing an union member? Also, a current situation occurred where even though Weingarten rights were in effect in my presence, the manager refused me to be a part of the questioning of the employee, threatening to fire me if I did not leave the office. My next question is, if I would have not left and gotten fired, would I have gotten my job back under the Weingarten Act? I have read that the only things that usually happen in this case is that the company would only have to post something saying that they were wrong. Is this true? I truly did not want to leave that man there alone, but at the same time, I am the sole income for my family. And if I thought that I would get my job back, I would not have left. I DID file a grievance though claiming that my rights as the union steward were violated, and I expect that I will come out on top, but I still wonder about the repercussions of me not leaving.
    My last question is probably silly, but is on my mind. Am I allowed to act a steward for myself? I mean, If I'm called into a office to be questioned about something, and the other steward is not available, can I still be a steward in that room for myself?

  7. #27
    I Am Rocking Now

    Join Date
    Mar 2008
    Local Union
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    YRC-Yellow
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    Default Re: Weingarten Rights - Request for a Shop Steward

    Kamua,
    You are on the same level, correct. You had every right to remain in the office since you were representing a member. This does not apply only at contract time. Had you been fired I would think that you'd be made whole in every way at grievance time. I know that freight is a little different but I once was told to get out too. My reply was that if anybody was leaving the office it would be him since I had every right to be in there. He didn't like it but I didn't care....I knew I was right. In your case I wouldn't doubt that the guy you were representing could file an Unfair Labor Practice against the company for not allowing you to be there. That would cool your supervisor's jets damn fast. Sounds like he needs to be taken down a few notches anyway.

    Yes, as a steward you can represent your self. You might want to take a witness in with you though. That'll keep them on their toes. Good luck.

  8. #28
    Glad To Be Back!

    Join Date
    Oct 2008
    Local Union
    7
    Employer
    Old Europe Cheese
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    S.W. Lower MI
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    Default Re: Weingarten Rights - Request for a Shop Steward

    Quote Originally Posted by stldude44 View Post
    Kamua,
    You had every right to remain in the office since you were representing a member. Had you been fired I would think that you'd be made whole in every way at grievance time. I know that freight is a little different but I once was told to get out too. My reply was that if anybody was leaving the office it would be him since I had every right to be in there. He didn't like it but I didn't care....I knew I was right. In your case I wouldn't doubt that the guy you were representing could file an Unfair Labor Practice against the company for not allowing you to be there. That would cool your supervisor's jets damn fast. Sounds like he needs to be taken down a few notches anyway.

    Yes, as a steward you can represent your self. You might want to take a witness in with you though. That'll keep them on their toes. Good luck.

    Thanks for the info. I actually had it in my mind to say that about having a witness there too, but forgot to add it.
    As for needing to be brought down a peg or two, I'm working on it. I clearly remember 11 years ago when I first started there where the GM told me that it was his place, and that he did as he chooses. At that time, we didn't have a steward, nor had there been one in years, so he had gotten use to doing things his way without recourse.
    I'm changing that.
    Again, thanks!


  9. #29
    I Am Rocking Now

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    Mar 2008
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    Default Re: Weingarten Rights - Request for a Shop Steward

    Quote Originally Posted by Kamau View Post
    Thanks for the info. I actually had it in my mind to say that about having a witness there too, but forgot to add it.
    As for needing to be brought down a peg or two, I'm working on it. I clearly remember 11 years ago when I first started there where the GM told me that it was his place, and that he did as he chooses. At that time, we didn't have a steward, nor had there been one in years, so he had gotten use to doing things his way without recourse.
    I'm changing that.
    Again, thanks!

    Kamua,
    You're welcome Brother. Keep your chin up as it might not be an easy hill to climb. Your GM is spoiled from the years of him having it all his way. Your best bet is to slowly but surely make it known that it's not Burger King anymore so he's not always gonna get it his way. I'm sure you'll be fine.

  10. #30
    I Am Rocking Now

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    Feb 2008
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    ABF
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    Default Re: Weingarten Rights - Request for a Shop Steward

    There is a book available called a Union Stewards rights. I believe it was written by Robert Schwartz. It is worth the time to read it. As far as being the Steward for yourself be very careful. You are afforded a lot when representing another member. But when you represent yourself you lose some very important rights, Such as calling or implying that a management person is lying will leave you open for charges of insubordination or Creating a hostile work environment.The NLRB has ruled that when representing others a Union Steward is equal to the highest management present and it has ruled that name calling in the heat of representing a member will be allowed to a certain degree. But if you call a member of management a name while representing yourself you will open yourself up for charges. So please KNOW ALL YOUR RIGHTS BEFORE YOU ACT. YOUR BROTHER ALWAYS !

 

 
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