Carrier Rights
Letter Carriers also have rights under Article 17; the right to shop steward representation. Letter carrier rights fall under the Weingarten rule. The Weingarten rule gives each carrier the right to representation during any investigatory interview which he or she reasonably believes may lead to discipline. The Weingarten rule only applies when the meeting is an investigatory interview. An investigatory interview is usually defined as questioning by Management to search for the facts that will be used to determine an employee’s guilt or to decide whether or not to impose discipline. The key words pertaining to the Weingarten rule and the carrier’s request for representation are when “he or she reasonably believes” that the interview will lead to discipline. Whether or not an employee’s belief is “reasonable” depends on the circumstances.
Under the Supreme Court’s Weingarten decision, when an “investigatory” interview occurs, the following rules apply.
First, the employee must make a clear request for union representation before or during the interview. The steward cannot exercise Weingarten rights for the carrier. The carrier must make the request. After the carrier makes the request, Management has three options. They can grant the request and delay interviewing until the shop steward arrives; deny the request but end the interview, or give the employee the choice of continuing the interview without representation or ending the interview.
It is important to remember that management is not required to inform the carrier of the Weingarten rights to representation. Carriers have the right under Weingarten to a pre-interview consultation with a shop steward. Also, during the interview, the employee has the right to the steward’s assistance. Management cannot refuse to allow the shop steward to speak or to restrict the role of the shop steward.
The Weingarten rule applies in investigatory interviews. It does not apply to “Discussions” under Article 16.2 which are held in private between the employee and the supervisor. Such discussions are not discipline, and are not grievable.
If you reasonably believe that the interview may lead to discipline, you should request representation. Management cannot deny you. If Management does deny you union representation and continues to ask questions, not only is this a contractual violation but it commits an unfair labor practice. The employee has a right to refuse to answer.
With that being said, this becomes a two-way street. The employee does not have the right to refuse to talk with Management or ignore Management’s request for a meeting so long as the guidelines above are followed. This action can lead to discipline for “Failure to Follow Instructions”.
