Attention all Toppenish Community Hospital RNs - Know Your Weingarten Rules!
Under the Supreme Court’s Weingarten decision when an investigatory interview occurs, the following rules apply:
Rule One: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making the request.
Rule Two: After the employee makes the request, the employer must choose among three options. The employer must either:
- Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee.
- Deny the request and end the interview immediately.
- Give the employee a choice of either having the interview without representation or end the interview.
Rule Three: If the employer denies the request for union representation and continues to ask questions, it commits an unfair labor practice and the employee has the right to refuse to answer. The employer may not discipline the employee for such a refusal.
What to do if you are called into a meeting?
Make the following statement: If this meeting could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present at this meeting. Without representation present, I choose not to participate in this discussion.
If you have any questions, contact Carmen Garrison at WSNA 800-231-8482, ext. 3113, or contact your Local Unit Officer Flicka Arquette (ER).
