Weingarten Rights
If at any time as a letter carrier you are called to the office for an investigation interview (usually known as a PDI), you should always request that a shop steward or union representative be present in any such meeting. The right to have a shop steward or union representative present is known as your 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 NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689, must be claimed by the employee. The supervisor has no obligation to inform an employee that he or she is entitled to Union representation.
It is strongly recommended that if at any time you feel that any such interview may lead to discipline, you should state the following: “If this discussion could in any way lead to my being disciplined or discharged, I request that my Union representative by present at the meeting. Without representation, I choose not to answer any questions.” Remember that you must state that you are requesting your shop steward or union representative be present. The employer has no obligation to ask the employee if she or he wants a representative.
Under the Supreme Court’s Weingarten decision, 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 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:
a. Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; or
b. Deny the request and end the interview immediately; or
c. 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 for union representation and continues to ask questions, he or she commits an unfair labor practice and the employee has the right to refuse to answer. The supervisor cannot discipline the employee for such a refusal.
In addition to the above rules, it also must be noted that your shop steward or union representative also have a right to be a participant during any investigative interview. The shop steward or union representative may not be required to be reduced to a silent witness. Most importantly, when the union representative arrives, the supervisor must inform the representative of the subject matter of the interview; i.e., the type of conduct for which discipline is being considered (theft, lateness, drugs, etc.). The union representative must be allowed to take the worker aside for a private pre-interview conference before questioning begins.
Lastly, remember that the Weingarten Rights do not only apply to a situation where a postal manager is conducting an investigatory interview (PDI), but also applies to those situations where postal inspectors or the OIG also conduct investigatory interviews which a letter carrier believes may result in disciplinary action.
