Ruby's Jewels
Local 6222
Ruby’s Jewels by Vice President Ruby Jensen By popular request, I am resubmitting my article on, “Your Rights in Dealing With Security.” In many grievances being heard in which Security has been involved, the file contains signed statements by the employee. It is difficult to win these grievances because the Company states that the employee admitted guilt by signing these statements. Also, in these investigatory meetings, the employees are not requesting Union Representation. This also hurts our case because we only have our employee’s word against Security’s word without any witnesses or notes. Please cover with all your stewards and members the following points. These steps apply to all Departments. 1. All employees have the right to have Union representation during an investigatory meeting. This applies no matter who is conducting the investigation, management or security. The employee must request representation. The Company is not required to provide a Union representative. Under the Supreme Court’s Weingarten Decision, when an investigatory interview occurs, the following rules apply. A. The employee must make a clear request for Union representation before or during the interview. The employee cannot be punished for this request. B. After the employee makes the request, 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. C. If the employer denies the request for Union representation and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. D. Stewards Rights During and Investigatory Interview: 1. When the steward arrives, the supervisor must inform the steward of the subject matter of the interview, i.e., the type of misconduct for which discipline is being considered (theft, lateness, etc.). 2. The steward must be allowed to speak during the interview. However, the steward does not have the right to bargain over the purpose of the interview. 3. The steward can request that the supervisor clarify a question so that the worker can understand what is being asked. 4. After a question is asked, the steward can give advice on how to answer. 5. When the questioning ends, the steward can provide additional information to the supervisor. If you are called into a meeting by any Company Manager or Security please tell them: If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at the meeting. Without representation, I choose not to answer any questions. These are YOUR Union Rights If security or management is requesting or demanding that the employee sign any statement which is written or typed using information from the meeting, the employee is not required to sign the statement. The employee has the right to refuse to sign with no fear of disciplinary action being taken for refusal to sign. The employee does have a responsibility to cooperate during the investigation, but does not have to sign any statement. During these meetings the Union steward should take complete and accurate notes in order to refute or substantiate what was discussed in the meeting. /mp opeiu 129 afl-cio
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