Investigations and Due Process
WEINGARTEN RIGHTS – EMPLOYEE’S RIGHT TO UNION REPRESENTATION
The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in the 1975 case of NLRB vs. Weingarten, Inc., 420 U.S. 251 (1975). These rights have become known as Weingarten Rights. Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions [...]
LOUDERMILL RIGHTS OF PUBLIC EMPLOYEES TO A PRE-TERMINATION HEARING
In a decision announcing a Constitutional right for public employees not possessed by private employees, the Supreme Court in Cleveland Board of Education v. Loudermill held that most public employees are entitled to a hearing before they are discharged. However, the “hearing” is not a full evidentiary hearing and need not include the opportunity to [...]
HOW TO FILE FOR A CONGRESSIONAL INQUIRY
If a person has a dispute involving a federal agency, he/she may consider asking their federal congressman or congresswoman from their local congressional district (Senator or Representative) to make an inquiry with the federal agency into the status of the matter in dispute. John Zodrow worked extensively for and against federal agencies during his former [...]
GARRITY EMPLOYMENT RIGHTS FOR PUBLIC EMPLOYEES
In the case of Garrity v. New Jersey, 385 U.S. 493 (1967), the U.S. Supreme Court determined that public employees could not be forced, under clear threat of discipline, to violate the principles of compulsory self-incrimination. This decision established what have come to be called “Garrity Rights” for public employees. The Garrity rule is similar [...]
EMPLOYEE’S WEINGARTEN RIGHT TO UNION REPRESENTATION
The rights of unionized employees to have present a union representative during investigatory interviews were 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 ( as aprt [...]