Weingarten Rights

The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten rights.

Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.

If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. Management is not required to inform the employee of his/her Weingarten rights; it is the employees responsibility to know and request.

When the employee makes the request for a union representative to be present management has three options:

1. It can stop questioning until the representative arrives.

2. It can call off the interview or,

3. It can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the emplovee should always refuse.)

Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview.

The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.

While the interview is in progress, the representative can not tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.

Source: http://wa.aft.org/resources/weingarten-rights

Board of Directors Vacancies

The following positions are vacant on the Board of Directors. The vacancies are one or two year terms. The date in parenthesis are when the term expires. The Board of Directors meets monthly discuss Union related issues, actions, and other business as needed. Board members also help disseminate information from the Union Office, meet with administration for questions about the contracts, and assist members with questions, concerns, and meetings with administration. Members of the Board of Directors are supported by the grievance chairs and the Executive Board. If you have any questions, or are interested in any of the vacant positions, please contact Adam (president@nashuatu.org).

• Amherst Street

  • 1 Teacher Representative (July 31, 2021)

  • 1 Para-Educator Representative (until next NTU election)

• Bicentennial

  • 1 Para-Educator Representative (July 31, 2021)

• Charlotte Avenue

  • 1 Teacher Representative (until next NTU election)

• Elm Street

  • 1 Para-Educator Representative (until next NTU election)

• Pennichuck

  • 1 Teacher Representative (July 31, 2021)

• Title 1

  • 1 Representative (until next NTU election)