Weingarten Rights - Request for a Shop Steward

**Jimmy** · 07-16-2008

If you are called into a meeting with a management representative and you have reason to believe that disciplinary action against you may result, you have the right to have a steward present during this meeting. Read the statement below to the management representative, and contact your steward immediately.
READ THIS STATEMENT TO MANAGEMENT:

“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative, officer, or steward be present at the meeting. Without representation, I choose not to answer any question.
“This is my right under a U.S. Supreme Court decision called Weingarten.”

Test your knowledge. Take the Weingarten Rights Awareness Quiz.
Wallet-sized Weingarten Rights cards are available from the Teamsters.

TeamstersOnline.com Weingarten Rights

**Pullin3** · 07-16-2008

I got 7 of 12, but I'm in training. To become superior, is a 3 year process, I've been told.

**WestCoast** · 07-16-2008

10 out of 12

**UAW Local 2322 VP** · 07-16-2008

11 of 12... missed the one about telephone interviews because i misread the question...

**macchan** · 07-16-2008

OK here is my situation that happened today.

I Had a FMLA/Vacation Day scheduled for Thursday.

I was wrote up for being late on Tuesday and was suspended for Friday. Because of the FMLA/Vacation Day. (contract says next day)

I received the write up in the morning with the steward in attendance.

Management then said I was going to be suspended on Tuesday. And we
got the BA involved.

When I get back to the station both stewards have left and it was decided that I would be suspended for Thursday instead. I asked for my steward or BA and they brought in a regular employee. I refused to sign and now have two reprimands in my hand for the same offense with different suspension days.

I ask for a steward was denied. I told them I had a FMLA day scheduled and they can't trump it with a suspension day.

Contract says suspension must be served day after receipt. BA says need to go with that. I say it has to be next working day. You get a write up you don't serve Saturday you serve Monday.

Thoughts???

**Pullin3** · 07-16-2008

A for being denied a shop steward, I happened to get a q and a session in my email today. I'm not sure where it comes from but it does shed some light.
"Q: If I request a Steward, does the Employer have to comply?
A: The Employer must choose from among three options:
1. Grant the request and delay questioning until the Steward arrives and has a chance to consult privately with the employee; or
2. Deny the request and end the interview immediately; or
3. Give the employee a choice of having the interview without representation. "

As for getting letters and or suspensions for an FMLA day, they can be fined for disciplining you. I don't know exactly who to talk to, but I'd start with your state labor board. They would probably be able to direct you to the proper agency.

Where I work, an employee brought the proper government agency in to ask questions of the company, and they perked up right quick. In fact the supervisor that was harrassing him was directed by his bosses not to even talk to him anymore.

**Dirtball** · 07-16-2008

Originally Posted by macchan

You get a write up you don't serve Saturday you serve Monday.

Thoughts???

Saturday applies if its a seven day operation. Actually it should apply to your working schedule, Things have a way of changing behind closed doors......

**Dirtball** · 07-16-2008

Originally Posted by Pullin3

A for being denied a shop steward, I happened to get a q and a session in my email today. I'm not sure where it comes from but it does shed some light.
"Q: If I request a Steward, does the Employer have to comply?
A: The Employer must choose from among three options:
1. Grant the request and delay questioning until the Steward arrives and has a chance to consult privately with the employee; or
2. Deny the request and end the interview immediately; or
3. Give the employee a choice of having the interview without representation. "

As for getting letters and or suspensions for an FMLA day, they can be fined for disciplining you. I don't know exactly who to talk to, but I'd start with your state labor board. They would probably be able to direct you to the proper agency.

Where I work, an employee brought the proper government agency in to ask questions of the company, and they perked up right quick. In fact the supervisor that was harrassing him was directed by his bosses not to even talk to him anymore.

If I remember correctly you can also have another Teamster member with you if no Steward is avalable.Otherwise the Company postpones any actions untill one is handy.You can also record tyhe meeting as long as you tell them you are doing this.I tried that one once and it really got em pissed when it back fired on them.

**dc428** · 07-16-2008

Originally Posted by macchan

OK here is my situation that happened today.

I Had a FMLA/Vacation Day scheduled for Thursday.

I was wrote up for being late on Tuesday and was suspended for Friday. Because of the FMLA/Vacation Day. (contract says next day)

I received the write up in the morning with the steward in attendance.

Management then said I was going to be suspended on Tuesday. And we
got the BA involved.

When I get back to the station both stewards have left and it was decided that I would be suspended for Thursday instead. I asked for my steward or BA and they brought in a regular employee. I refused to sign and now have two reprimands in my hand for the same offense with different suspension days.

I ask for a steward was denied. I told them I had a FMLA day scheduled and they can't trump it with a suspension day.

Contract says suspension must be served day after receipt. BA says need to go with that. I say it has to be next working day. You get a write up you don't serve Saturday you serve Monday.

Thoughts???

It is great to see another Local 135 brother..

They cannot charge you with same offense twice that is double jeopardy. They have to the one that is not correct out. Then not having anyone there to represent you does not violate your Weingarten Rights. You can have another co-worker can be an "acting" steward representing you in that meeting.

Here is what I would of done in that situation:
I would of taken the suspension for Thursday (not telling them I had a FMLA/vacation day scheduled) and got paid for the day. Then filed a grievance if they didn't pay me my vacation pay lol. It is not my job to provide you with information to make their job easier. Our management works like most management the left hand (management) doesn't talk to the right hand (payroll). I have learned to let Management trip on their own Johnson's and it can only benefit me.

**dc428** · 07-16-2008

Great quiz Teamster.. I got 2 wrong (1 & 3) so 10 out of 12.

Just a bit of information I know for a fact:
FMLA laws are enforced by the (Federal) US Department of Labor The U.S. Department of Labor Home Page, Secretary of Labor Elaine L. Chao most state Department of Labor offices will refer you the US DOL. Here is a booklet on FMLA from their website http://www.dol.gov/esa/whd/FMLA2007F...ce/07-3102.pdf