Next IP Union Conference Call Scheduled
A date has been set for the next national conference call to discuss the latest from International Paper plants, as well as the paper industry as a whole. The date for this second national call is Thursday, April 23, 2009 4:00 PM (Eastern). Details about getting on this call have been sent to local union officers by mail and email. As in the previous call, locals can submit question or comments on topics of importance to union members. Based on concerns voiced by members, we want to report that these calls are not to replace conference meetings, but in the time between meetings to enhance communications between locals and leadership.
More feedback from the Jan. 22 call
Local union leaders were surveyed after the last conference call, and here are a few of the points raised:
• Many feel the call went well, but want to refine the Question & Answer section.
• There was some confusion about the forms for submitting questions, and suggestions for improvements.
• Members wanted more information before calls so that they can be more prepared.
• Some wanted a list of the questions that were to be addressed sent to them as well as an agenda.
• The minutes were welcome as follow up; some said copies of the minutes were given to other officers.
• Some wanted the council contact list so that they could continue discussions after the calls.
‘Weingarten Rights’
A WORKER’S RIGHT TO UNION REPRESENTATION
There is no time like the present to educate ourselves on where we stand as workers at this large company. USW members should be aware of an important legal safeguard that union-represented workers have that non-union workers do not.
The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc.) These are known as the Weingarten rights. Employees have Weingarten rights only during investigatory interviews, when a supervisor questions an employee to get information which could be used as a basis for discipline or asks an employee to defend his or her conduct.
If a union worker has a reasonable belief that discipline or other adverse consequences may result from what he or she says, they have the right to request union representation. Management is not required to inform the employee of his/her Weingarten rights; it is the employee’s responsibility to know and request.
When an employee makes the request for a union representative to be present management has three options: (1) stop questioning until the representative arrives, (2) call off the interview or, (3) tell the employee that it will call off the interview unless they voluntarily gives up his/her rights to a union representative (an option employees should refuse.)
Management often tries to say that the only role a union representative has in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly says a representative can assist and counsel workers during the interview.
The Supreme Court also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.
While the interview is in progress the representative can not tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.
Right now, employees who work in a non-union workplace are not entitled to have a coworker accompany them to an interview with their employer, even if theythinks that the interview might result in discipline.
Our Weingarten rights are one more important reason why it pays to be a union member!
