Do YOU Know Your Weingarten Rights?

Disciplinary Write-Up Removed from Member’s Record After Union’s Quick Action

A dispatcher employed by First Transit DuPage recently had a disciplinary write-up removed from his employment record thanks to the quick action of Teamsters Local 727.

When called into a disciplinary meeting with First Transit management, the Local 727 member invoked his Weingarten rights and requested the presence of his Union representative.  First Transit denied the dispatcher’s request and proceeded to issue him a write-up.  Immediately after being informed of this meeting, Local 727 sprang into action to defend the dispatcher.

Union representatives reminded First Transit that its denial of the dispatcher’s Weingarten rights was a violation of the National Labor Relations Act (NLRA) and informed the Company that the Union would pursue Unfair Labor Practice charges against First Transit if it did not immediately remove the member’s disciplinary write-up and begin adhering to federal labor law.  Because of the rapid and strong response of Local 727, the dispatcher’s write-up was erased.

“First Transit should know better than to try to infringe upon our Union Brother’s right to representation.  Weingarten rights are a fundamental right of unionized workers and Local 727 will fight any employer that attempts to ignore them,” said John Coli, Jr., Secretary-Treasurer of Local 727.  “I urge all Local 727 members to familiarize themselves with their Weingarten rights and to carry a copy with them at all times.”

According to the U.S. Supreme Court’s 1975 decision in the Weingarten case, unionized workers have the right to have a union representative present during meetings which might result in disciplinary action.  An employer that refuses a worker’s clear request for a union representative and proceeds with an investigatory meeting is in violation of the NLRA.

If a union worker is called into a meeting with management and believes that disciplinary action may be levied as a result of the meeting, he or she should invoke their Weingarten rights by reading the following 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 my union representative be present at the meeting.  Without representation, I choose not to answer any questions.”

If you do not feel comfortable reading the above statement to management, you may download a digital version of your Weingarten rights to your cellphone and then present it to management.  Click here to download a digital Weingarten rights card.

Make sure to also reach out to your Local 727 Business Representative for a handy wallet-sized version of your Weingarten rights.

Members with questions should contact their Local 727 Business Representative at (847) 696-7500.

Nothing in this article should be read as the union’s waiver of any legal argument, position or grievance(s), or as a waiver of any rights, arguments, or defenses under any contract, collective bargaining agreement, or applicable law.  The union does not forfeit its right to make any and all supplemental arguments.

Category: PARATRANSIT, Union News