Question

Discuss the “Weingarten rights.” What are they and how are they applied in a union workplace? Do these rights apply to nonunion workers? Explain

Answer 1

Weingarten rights : In 1975 there was an issue with Weingarten which went to the united states suprem court.The case supported by NLRB(National Labour Relations Board) by passing a rule called every employee should have a right to discuss the issues that occurs in the organization.There should be proper address to the issues by a union representaion and investigatory interviews.The issues which are taken to the representavies in the union and later investigating the issues under this union is called Weingarten rights.

There are three rules that are identified by the suprem court during the investigatory interview,the rules that apply are :

Rule 1 : The employee must make a clear request for the union representative before the interview or during the interview process.There is no right to punish the employee for making this request or employee cannot be punished for making this request.

Rule 2 : After considering the employee request there are sub rules that are included in rule two must be followed by the employer among the three options,they are

a The employer can grant the request and postpone questioning until the union representative comes and the representative has a chance to consult the employee personally

b Can refuse the request and end the interview immediately ; or

c employer can give a chance to have an interview without representation or ending the interview

Rule 3 : If an employer is denying the request for union representation and continues the interview the employee has a right to not to answer questions,as per the labour practice its completely not a fair.The employer doesn't hold any right to take action against the employee for refusing to answer questions.

These are the rules made to help the employee in all terms and means not to loose his/her rights in the organization if any injustice occured in the organization the employee can reach the union representative to address concerns.If the employer wants to investigate any issues that is related to employee to take the displinary action a co-worker or a union representative must be present to answer question.In absence of anyone if the employer is intervieing right away the employee can refuse to answer the questions that are being asked by the employer.There is no displinary action.The laws are made to available to employees under these unions,If there are any unfair occurs in the organization with the emloyer or he/she being investigated for reasons like abuse,dishonesty,theaft,threats,harrasments and dishonesty,these cases must be investigated through sensitive and confidential manner.If some thing going unfair to the employee,employee can reach union representative for help.

These rights are restricted to only union employees to have a representative present during the investigatory interviews to safe guard the employee rights.Before it was extended to non union employees these rules no longer available for them later the rules are apllicable to only union workers.Now the non union workers do not have a weingarten rights to have a representative or co worker during the investgstory interview.