Facebook icon Twitter icon Instagram icon
  • Join Us
    • Union Members Bill of Rights
    • Application for Referral to Employment
  • Union Documents
    • Principal Webinar Schedule for 2023.
    • Principal Account Access flyer
    • Union Documents
    • Safety & Training Documents
    • Contracts
  • Covid-19 Exemption Information
    • Covid-19 Information from the LA Phil
    • AEG Vaccine Exemption Form: ADA or Medical Exemption
    • AEG Vaccine Exemption Form: Religious Exemption
    • Live Nation Waiver Request
  • Workers Info
    • The Music Center: Mandatory Vaccination Policy Update
    • LA Opera – COVID Vaccination Policy for Employees and Artists 
    • LA Phil Information Regarding Exemption Forms
    • AEG Request Form (Religious Accommodation)
    • AEG Request Form (ADA or Medical Accommodation)
    • CTG’s Vaccination Policy
    • AEG's Mandatory Employee COVID-19 Vaccination Policy
    • Request for Religious Exemption Form - LA Opera
    • Request for Religious Exemption Form - LA Opera
    • Payroll Companies
    • IATSE PAC Fund
    • Information for Applicants & Probationary workers
    • Weingarten Rights
    • Survival Guide: Applicants/New Hires
    • Call-in Times
    • Required Tool List
  • Workers Info Cont.
    • UPDATE: L.A. Opera Protocol
    • Center Theatre Group Covid-19 Information
  • Election Info
    • Run Off election for Financial Secretary Treasurer (1-year term)
    • 2022 Election Results
    • 2020 Triennial Election Results
    • Election Information: Campaign Literature
      • Brother Abraham Montes' Campaign postcard for Financial Secretary Treasurer 2022 run off
      • Brother Anthony Sacks' campaign postcard for Financial Secretary Treasurer 2022 run off.
      • Brother Anthony Sacks' campaign postcard for Financial Secretary Treasurer run off.
      • Brother Shawn Rasouli Campaign Postcard for Vice President.
      • Brother Ian Bramer Campaign postcard for Financial Secretary Treasurer 2022
      • Brother Abraham Montes Campaign Letter for Financial Secretary Treasurer 2022
      • Campaign Postcard from Sister Rosemary Phillips for Financial Secretary Treasurer 2022
      • Sister Caroline Hyndman Campaign letter for 401k Trustee 2022
    • Election Information: Position Rules
    • Election Information re: Acceptance Letters & Ballot Count
    • 2020 Triennial Elections Timeline
    • Department of Labor Info
  • Videos
    • SAG Awards time lapse
    • Backstage At the Hollywood Bowl
    • Marriage of Figaro @ Disney Hall
    • History of IATSE
    • 'I Love LA' from the 100th Anniversary
    • CNN Heroes Time lapse
    • Celebration of IATSE Local 33 100th Anniversary
    • Newreel of American Union Workers Backstage
    • One Call Does It All
  • Online Application
  • Members
    • Member Home
    • Local 33 Main Calendar
    • Benefits
      • Local 33 401K Form & Beneficiary Form
      • Benefits
      • Insurance Help
      • General Financial Assistance
    • Venue Information
      • Lot Stewards
      • A-C
      • D-F
      • G-I
      • J-L
      • M-O
      • P-R
      • S-Z
    • General Membership Meeting Notices
      • Committee Report/Minutes Template
      • January 8, 2023 Genral Membership Meeting Notice
      • April 10, 2022 General Membership Meeting Reminder and Link.
      • General Membership Meeting Notice 2022
      • General Membership Meeting Notice 2021
      • General Membership Meeting Notice 2020
      • General Membership Meeting Notice 2019
      • General Membership Meeting Notice 2018
      • General Membership Meeting Notice 2017
      • General Membership Meeting Notices 2016
      • General Membership Meeting Notices 2015
      • General Membership Meeting Notices 2014
      • General Membership Meeting Notices 2013
    • Committees
      • IATSE Local 33 Women’s Committee Announcements
    • Membership Accomplishments
      • International 50 Year Scroll
      • I.A.T.S.E Local 33 Gold Card Holders
      • International Gold Card Members
    • Memorials
      • 2020 Memorials
      • 2019 Memorials
      • 2018 Memorials
      • 2017 Memorials
      • 2016 Memorials
      • 2015 Memorials
      • 2014 Memorials
      • 2013 Memorials
      • 2012 Memorials
    • Member Directory
    • Officers & Staff
    • Online Voting
    • Message Board
      • GLAAD Transgender Presentation
    • On-Line Application
    • Login
Facebook icon Twitter icon Instagram icon
 
  • Home
  • Join Us
  • Union Documents
  • Covid-19 Exemption Information
  • Workers Info
  • Workers Info Cont.
  • Election Info
  • Videos
  • Online Application
  • Member Resources
  • Member Home
  • Local 33 Main Calendar
  • Benefits
  • Venue Information
  • General Membership Meeting Notices
  • Committees
  • Membership Accomplishments
  • Memorials
  • Member Directory
  • Officers & Staff
  • Online Voting
  • Message Board
  • On-Line Application
  • Login
  • Weingarten Rights
    Updated On: Jun 01, 2017
    WEINGARTEN RIGHTS

    Weingarten rights guarantee an employee the right to Union representation during an investigatory interview. These rights, established by the Supreme Court, in 1975 in the case of J'. Weingarten Inc,, must be claimed by the employee. The supervisor has no obligation to inform an employee that s/he is entitled to Union representation.

    What is an Investigatory Interview?

    An investigatory interview is one in which a Supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his/her conduct. If an employee has a reasonable belief that discipline or discharge may result from what s/he says, the employee has the right to request Union representation.

    Examples of such an interview are:

    1. The interview is part of the employer's disciplinary procedure or is a component of the employer's procedure for determining whether discipline will be imposed.

    2. The purpose of the interview is to investigate an employee's performance where discipline, demotion or other adverse consequences to the employee's job status or working conditions are a possible result.

    3. The purpose of the interview is to elicit facts from the employee to support disciplinary action that is probable or that is being considered, or to obtain admissions of misconduct or other evidence to support a disciplinary decision already made.

    4. The employee is required to explain his/her conduct, or defend it during the interview, or is compelled to answer questions or give evidence.
    It is an obligation of the Union to educate bargaining unit employees about their Weingarten rights BEFORE an occasion to use them arises. An employee must state to the employer that he/she wants a Union representative present; the employer has no obligation to ask: the employee if she/he wants a representative.

    Weingarten Rules

    When an investigatory interview occurs, the following rules apply:

    Rule 1 - The employee must make a clear request for Union representation before or during the interview. The employee can't be punished for making this request.

    Rule 2 - After the employee makes the request, the supervisor has 3 options. S/he mug either:

    1. Grant the request and delay the interview until the Union representative arrives and has a chance to consult privately with the employee: or

    2. Deny the request and end the interview immediately; or

    3. Give the employee a Choice of: 1)having the interview without representation or 2) ending the interview

    Rule 3 - If the supervisor denies the request and continues to ask questions, this is an unfair labor practice and the employee has a right to refuse to answer. The employee cannot be disciplined for such refusal but is required to sit there until the supervisor terminates the interview. Leaving before this happens may constitute punishable insubordination.

    Union Representative's Rights Under Weingarten

    You are not required to merely be 'silent witness'. You have the right to:

    1. be informed by the supervisor of the subject matter of the interview

    2. take the employee aside for a private conference before questioning begins

    3. speak during the interview

    4. request that the supervisor clarify a question so that what is being asked is understood

    5. give employee advice on how to answer a question

    6. provide additional information to the supervisor at the end of the questioning.

    You do not have the right to tell the employee not to answer nor, obviously, to give false answers. An employee can be disciplined for refusing to answer questions.

    A standard statement to suggest to members is:

    "If this discussion could in any way lead to my being disciplined or discharged, request that my Union representative be present at the meeting. Without representation, I choose not to answer any questions."
    The employer will be ordered to cease and desist and to post a notice. Discipline that is imposed for insisting on Weingarten rights will be overturned. Discipline will not be overturned if the discipline was for reasons other than insistence on Weingarten rights. Although information gained by the Employer from the employee in a meeting during which a breach ofWeingarten rights occurred, may be excluded from a hearing on the matter.

    An employee has NO right to the presence of a Union representative where:

    1. The meeting is merely for the purpose of conveying work instructions, training, or communicating needed corrections in the employee's work techniques.

    2. The employee is assured by the employer prior to the interview that no discipline or employment consequences can result from the interview.

    3. The employer has reached a final decision to impose certain discipline on the employee prior to the interview, and the purpose of the interview is to inform the employee of the discipline or to impose it.

    4. Any conversation or discussion about the previously determined discipline which is initiated by the employee and without employer encouragement or instigation after the employee is informed of the action.

    Even in the above four (4) circumstances, the employee can still ask for representation. Most employers will permit a representative to attend even when not required to.


  • IATSE Local 33 Copyright © 2023. All Rights Reserved.


    info@ia33.org

    Privacy Policy

    Powered By UnionActive



  • Top of Page image