HR/LR Policy #1376 Issued 04/08/2003 Revised 12/01/2014 Right to Representation (Weingarten Rights) Authority Labor Relations OVERVIEW Objective To clarify when employees have a right to union representation (Weingarten Rights). Policy Statement It is the policy of the State of Minnesota that when interviewing an employee who is covered by a collective bargaining agreement, when the questioning may potentially subject the employee to disciplinary action, the employee has the right to union representation during the interview. Scope This policy applies to employees of executive branch agencies and classified employees in the Office of Legislative Auditor, Minnesota State Retirement System, Public Employee Retirement System, and Teachers’ Retirement System. Definitions Exclusions Legal References NLRB vs. J. Weingarten, Inc., 420 US 251 (1975) GENERAL STANDARDS AND EXPECTATIONS This policy clarifies when an employee has the right to union representation (Weingarten Rights). Weingarten Rights are rights derived from a United States Supreme Court decision, which states that an employee being interviewed by management is entitled to the presence of a union representative at the time of questioning when the questioning could subject the employee to disciplinary action. Our current collective bargaining agreements incorporate the rights afforded in Weingarten by requiring that an employee be informed of their right to union representation prior to being questioned during an investigation that may lead to discipline of that employee. The rights afforded in the collective bargaining agreements and the Weingarten ruling applies only when the questioning of an employee could lead to discipline. There is no right of representation: When an employee is questioned as a witness during an investigation, except where specifically authorized by a collective bargaining agreement or plan. For example, AFSCME Council 5 & Unit 8, MAPE and MNA collective bargaining agreements allow union representation of witnesses in cases of resident/patient abuse and for the complainant in investigations of sexual harassment; During the presentation of discipline; During a supervisory conference; or During a performance review. For unrepresented employees and employees covered by plans other than the Managerial Plan, the principle of Weingarten is applied by allowing a to be present at such questioning. Weingarten does not co-worker apply to managers, and therefore the agency may conduct questioning of a manager in any situation without
HR/LR Policy #1376 Right to Representation (Weingarten Rights) Issued 04/08/2003 Revised 12/01/2014 Authority Labor Relations OVERVIEW Objective To clarify when employees have a right to union representation (Weingarten Rights). Policy Statement It is the policy of the State of Minnesota that when interviewing an employee who is covered by a collective bargaining agreement, when the questioning may potentially subject the employee to disciplinary action, the employee has the right to union representation during the interview. Scope This policy applies to employees of executive branch agencies and classified employees in the Office of Legislative Auditor, Minnesota State Retirement System, Public Employee Retirement System, and Teachers’ Retirement System. Definitions Exclusions Legal References NLRB vs. J. Weingarten, Inc., 420 US 251 (1975) GENERAL STANDARDS AND EXPECTATIONS This policy clarifies when an employee has the right to union representation (Weingarten Rights). Weingarten Rights are rights derived from a United States Supreme Court decision, which states that an employee being interviewed by management is entitled to the presence of a union representative at the time of questioning when the questioning could subject the employee to disciplinary action. Our current collective bargaining agreements incorporate the rights afforded in Weingarten by requiring that an employee be informed of their right to union representation prior to being questioned during an investigation that may lead to discipline of that employee. The rights afforded in the collective bargaining agreements and the Weingarten ruling applies only when the questioning of an employee could lead to discipline. There is no right of representation: When an employee is questioned as a witness during an investigation, except where specifically authorized by a collective bargaining agreement or plan. For example, AFSCME Council 5 & Unit 8, MAPE and MNA collective bargaining agreements allow union representation of witnesses in cases of resident/patient abuse and for the complainant in investigations of sexual harassment; During the presentation of discipline; During a supervisory conference; or During a performance review. For unrepresented employees and employees covered by plans other than the Managerial Plan, the principle of Weingarten is applied by allowing a co-worker to be present at such questioning. Weingarten does not apply to managers, and therefore the agency may conduct questioning of a manager in any situation without
1376-righttorepresentationweingarten_tcm1059-233705.docx