Weingarten Rights - Request for a Shop Steward

Weingarten Rights - Request for a Shop Steward

If you are called into a meeting with a management representative and you have reason to believe that disciplinary action against you may result, you have the right to have a steward present during this meeting. Read the statement below to the management representative, and contact your steward immediately.

READ THIS STATEMENT TO MANAGEMENT:
“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative, officer, or steward be present at the meeting. Without representation, I choose not to answer any question.
“This is my right under a U.S. Supreme Court decision called Weingarten.”

This right is especially important should you get called into Internal Affairs (I.A.).
Always take a steward with you even if you are not the focus of the investigation, that focus can change!

You also have Garrity Rights:Protection Against Self Incrimination

Because the 5th Amendment applies to Public Employees:Public employees have certain constitutional rights that apply in their employment that may not apply to private employees. For example, in Garrity v. New Jersey, the Supreme Court held that statements obtained in the course of an investigatory interview under threat of termination from public employment couldn’t be used as evidence against the employee in subsequent criminal proceedings. If, however, you refuse to answer questions after you have been assured that your statements cannot be used against you in a subsequent criminal proceeding, the refusal to answer questions thereafter may lead to the imposition of discipline for insubordination. Further, while the statements you make may not be used against you in a subsequent criminal proceeding, they can still form the basis for discipline on the underlying work-related charge.
There are two prongs under the Garrity rights. First, if an officer is compelled to answer questions as a condition of employment, the officer's answers and the fruits of those answers may not be used against the officer in a subsequent criminal prosecution. Second, the department becomes limited as to what they may ask. Such questions must be specifically, narrowly, and directly tailored to the officer's job.

In 1996 the Hennepin County Sheriff's Office was found to have violated the Garrity rights of two detention deputies.

If the investigation is criminal do not talk to anyone without contacting a Team Legal Attorney!
Call 1-800-367-4321 to get an attorney. TEAM LEGAL ATTORNEYS ARE FREE FOR FULL DUES PAYING MEMBERS!