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YOUR RIGHTS TO –

UNION REPRESENTATION

Printed below are the Weingarten Rules, or more plainly stated, your LEGAL RIGHTS to UNION REPRESENTATION (of your choosing). If you believe that a discussion with the Administration, at any time before or during the discussion, could possibly result in disciplinary action against you, now or in the future, the following information applies. If you have ANY problem exercising your rights with management, this should be reported immediately to Mark Delcher, you’re PEA President.

Weingarten Rules

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

Rule 1: The employee MUST make a "CLEAR REQUEST", (such as, "I WANT UNION REPRESENTATION BEFORE WE CONTINUE") 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:

a. Grant the request and delay questioning until the Union Representative arrives and has a chance to consult privately with the employee; or

b. Grant the request and end the interview immediately; or

c. Give the employee a choice of: (1) having the interview without representation (DO NOT ACCEPT THIS OPTION!); or (2) ending the interview.

Rule 3: If Administration denies the request for Union Representation, and continues to ask questions, they COMMIT an UNFAIR LABOR PRACTICE and the employee has the RIGHT TO REFUSE TO ANSWER. The Administration may NOT discipline the employee for such a refusal.

IF IN DOUBT, ASK FOR UNION REPRESENTATION

Your co-workers rights have been violated!