About the Union :: Weingarten Rights

				What is a Union?
				Your Role as a Union Member
				Know your Contract
				Filing a Grievance
				Weingarten Rights
				Frequently Asked Questions (FAQ)

One of the strongest benefits of belonging to a union is the legal right to “just cause” and “due process” in cases where management seeks to discipline a nurse.

Among your rights is the right to union representation during investigatory interviews. An investigatory interview occurs when a supervisor or manager questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.

These rights are known as "Weingarten rights," named after a 1975 U.S. Supreme Court case (NLRB vs. Weingarten, Inc. 420 U.S. 251).

These rights must be invoked by you, and may be used only during investigatory interviews when you are questioned by a supervisor to obtain information which then could be used as a basis for discipline. You do not have Weingarten rights to union representation if a supervisor is meeting to discuss a clinical issue or other "direction of work" matters, as long as potential discipline is not involved.

Steps to Take to Invoke Your Rights
Any time management asks to meet with you, you should ask the nature of the meeting and whether it is possible that you might be disciplined as a result of the meeting. You have the right to be told the purpose of the meeting prior to questions from management and the specific nature of the charge(s) being investigated.

A statement that summarizes "Weingarten rights" is:

"If this discussion/interview could in any way lead to me being disciplined or terminated, I respectfully request that my union representative be present at the meeting. Until my representative arrives, I choose not to participate in this discussion."

Your union representative has the right to be an active participant in the meeting and has the right to meet with you prior to the start of the meeting.

Remember, it’s your responsibility to be aware of these rights and to request them. Management is not required to inform you of these rights.

Management's Options
If you make a request for union representation (prior to the start of the meeting, or during the course of the meeting if the tone changes) management has the following options:

1. Stop the meeting until the union representative arrives.
2. Deny the request and call off the meeting immediately.
3. Ask you to voluntarily relinquish your rights and proceed with the meeting.

Management can also proceed with the meeting without the union representative present despite the request. This option of course violates your rights and would result in legal action by the MNA. In this instance the employer commits an unfair labor practice and you may refuse to answer the employer's questions.

The MNA has produced small, laminated cards with this statement imprinted on one side and other important, related information imprinted on the other. These cards can be easily attached to your ID lanyard. Please contact a member of the negotiating committee for one of these cards.