AFGE Local 2113 -- Stewards

Stewards List

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This page was last updated on October 11, 2001

Weingarten Rights. A bargaining-unit employee has the right to request union assistance when being questioned on a matter that could potentially lead to a disciplinary action. The employee's "Weingarten" right is triggered by the employee asking for union assistance. An employee should immediately ask for a union representative when they suspect or realize the meeting is investigative in nature.
To qualify as an investigative/Weingarten situation, all of the following specific conditions must be present:
  1. A bargaining unit employee is being, or is about to be questioned.
  2. The person(s) doing the questioning is a Management representative (supervisor, manager, etc.) Even IG inspectors from other agencies are included.
  3. The nature of the discussion is or will be investigative (not routine work related meetings).
  4. The employee being questioned has reason to believe that the discussion will lead or could lead to disciplinary or other adverse action.
  5. The employee asks for the assistance of a union representative.
Remember: If the conditions listed in 1-4 are present, it is incumbent on the employee to ask for union assistance. If the employee requests representation, Management must end the discussion, offer you the alternative of continuing the discussion without a representative, or halt the questioning until your union representative arrives.

For the union representative(s) assigned to your competecy, click here or check a Union Bulletin Board. (See also: LMA-9.2: Disciplinary Actions)

Formal Discussions. Under the Federal Labor Relations Management law, unions have a right to have representative(s), present whenever an agency representative (e.g., supervisor or manager) is discussing personnel policies, practices, or working conditions with one or more employees, or is discussing an active grievance or appeal. Management is required to notify the union in advance when holding formal discussions so the union has the opportunity to choose its own representative. Whenever formal discussions take place, somebody should be looking out for the interests of bargaining-unit members. The Federal Labor Management Statutes guarantee this right only to labor unions.

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This page was last updated on October 11, 2001