Wilmington Firefighters Association Local 1590
Weingarten Rights
Updated On: Sep 28, 2016

This month's meetings yielded some questions about a member's rights when they are asked questions or asked to meet with a superior officer, more specifically, the administration.  Some members were unaware that they are entitled the right to have union representation in said meeting and are protected if the member refuses to answer any and all questions until union representation is present. These have been upheld by the Supreme Court - 

During an investigatory interview, the Supreme Court ruled that 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:

  • grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
  • deny the request and end the interview immediately; or
  • give the employee a clear choice between having the interview without representation, or ending the interview.

Rule 3: 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. The employer may not discipline the employee for such a refusal.
https://en.wikipedia.org/wiki/Weingarten_Rights

I just wanted to make a post to inform, or remind our members that did not make it to March's meeting what their rights are. If you ever feel uncomfortable by questioning, or being brought into an office, or whatever it may be, read the quote below, and you have therefore enacted your rights.






Thanks all!
- Brother Michael Stears


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