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Welcome to our website. 

WEINGARTEN RIGHTS

 

 

One of the most vital functions of a Union is to prevent management from intimidating employees.  Nowhere is this more important than in closed-door meetings when supervisors attempt to coerce employees into a confession of wrongdoing.

 

The right of employees to have the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc.  Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as the Weingarten rights.

 

 

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WEINGARTEN RIGHTS

 

 

One of the most vital functions of a Union is to prevent management from intimidating employees.  Nowhere is this more important than in closed-door meetings when supervisors attempt to coerce employees into a confession of wrongdoing.

 

The right of employees to have the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc.  Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as the Weingarten rights.

 

 

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Weingarten Rights

One of the most vital functions of a Union is to prevent management from intimidating employees.  Nowhere is this more important than in closed-door meetings when supervisors attempt to coerce employees into a confession of wrongdoing.

The right of employees to have the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc.  Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as the Weingarten rights.

Unions should encourage workers to assert their Weingarten rights.  The presence of a union representative can help in many ways.  For example:

v     They can help a fearful or inarticulate employee explain what happened.

v     They can raise extenuating factors.

v     They can advise an employee against blindly denying everything, thereby giving the appearance of dishonesty and guilt.

v     They can help prevent an employee from making fatal admissions.

v     They can stop an employee from losing his or her temper, and perhaps getting fired for insubordination.

v     They can serve as a witness to prevent supervisors from giving a false account of the conversation.

 

WEINGARTEN RULES

Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, the following rules apply:

RULE 1:   The employee must make a clear request for union representation before or during the interview.  The employee cannot be punished for making this request.

RULE 2:   After the employee makes the request, the employer must choose from among three options.  The employer must either:

  1. Grant the request and delay questioning until the union representative 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:

1.      having the interview without representation; or

2.      ending the interview.

RULE 3:   If the employer denies a request for union representation, and continues to ask questions, they have committed an unfair labor practice and the employee has a right to refuse to answer.  The employer may not discipline the employee for such a refusal.

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WEINGARTEN RIGHTS

 

 

One of the most vital functions of a Union is to prevent management from intimidating employees.  Nowhere is this more important than in closed-door meetings when supervisors attempt to coerce employees into a confession of wrongdoing.

 

The right of employees to have the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc.  Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as the Weingarten rights.

 

 

[Click the Title Above to Continue Reading]

 

 

more

WEINGARTEN RIGHTS

 

 

One of the most vital functions of a Union is to prevent management from intimidating employees.  Nowhere is this more important than in closed-door meetings when supervisors attempt to coerce employees into a confession of wrongdoing.

 

The right of employees to have the presence of union representatives during investigatory interviews was announced by the U.S. Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc.  Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as the Weingarten rights.

 

 

[Click the Title Above to Continue Reading]

 

 

more

President’s Message

            The power of knowledge is great, so too is the power of numbers.  We teach to educate and empower our students.  We join unions to better our working conditions, improve our compensation, and obtain job security.

 

            Since organizing, the Passaic County Community College Adjunct Faculty Federation has bettered working conditions by advocating for things, such as increased office space for adjunct faculty and the elimination of the sign-in requirement.  We have increased our salary by 35 percent for adjunct faculty working seven semesters or more since 2005 and by 31 percent for adjunct faculty working fewer semesters since 2005.  We have negotiated additional compensation improvements, such as orientation pay and a paid sick day.

 

            With our fellow unionists from other colleges and universities, we have fought for things, such as health benefits and to protect our pensions.  On the former we have obtained the right to buy into the State Health Benefits Program.  On the latter we have obtained the right for people in PERS to remain there or choose to go to the ABP.  We also fought back an attempt to prevent us from earning pension credit from more than one school.

 

            Our successes have made improvements for us as adjunct faculty.  However, we have a long way to go to end our second class unequal treatment.  Worse than that, we have to be vigilant when it comes to defending what we have obtained.  It is only through numbers and active participation that we can succeed.  Thank our activists; thank our members.  Join our activists; join our members.  Numbers and activism will strengthen us, and we must be strong if we are to succeed.

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PFT Local 1603 - AFL/CIO

500 East Eighth Street, Suite B
Oakland, CA 94606-2825

Phone (510) 763-8820 - Fax (510) 763-1140

Email: union@pft1603.org

Office Hours: Mon. - Fri. 10 a.m. -  4 p.m.

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