Unions and Collective Bargaining
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 [...]
OPTIONS FOR POSTAL EMPLOYEES DISPLACED UNDER THE NATIONAL REASSESSMENT PROGRAM (NRP)
This discussion of options for Post Office worked displaced, terminated, sent home with work due to light/limited duty, or otherwise affected by the National Reassessment Process was authored by John J. Zodrow of Denver, who is a former labor/employment lawyer, current employment hearing representative, and a nationally recognized expert in public sector labor relations A former [...]
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 [...]
KALKINES WARNING FOR FEDERAL EMPLOYEES AND CONTRACTORS
The Kalkines warning is an advisement of rights usually administered by federal agents to federal employees and contractors in internal investigations when it is suspected that a crime has occurred. The Kalkines warning compels suspects to make statements or be fired, but also provides suspects with criminal immunity for their statements. It was promulgated by [...]
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 [...]