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NOTICE
Employers often assert that the only role of a steward at an
investigatory interview is to observe the discussion, in other
words to be a silent witness. The Supreme Court, however,
clearly acknowledged a steward's right to assist and counsel
workers during the interview. Decided cases establish the
following procedures:
When the steward arrives, the supervisor must inform the steward
of the subject matter of the interview, i.e. the type of
misconduct for which discipline is being considered (theft,
lateness, drugs, etc.)
The steward must be allowed to take the worker aside for a
private pre-interview conference before questioning begins.
The steward must be allowed to speak during the interview.
However, the steward does not have the right to bargain over the
purpose of the interview.
The steward can request that the supervisor clarify a question
so that the worker can understand what is being asked.
After a question is asked, the steward can give advice on how to
answer.
When the questioning ends, the steward can provide additional
information to the supervisor.
It must be emphasized that if the Weingarten rules are complied
with, stewards have no right to tell workers not to answer
questions, or to give false answers. Workers can be disciplined
if they refuse to answer questions.
Remember your rights under
(Garrity)
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#34
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