Your Right to Representation

The Guild is investigating an Unfair Labor Practice charge against the company for denial of Weingarten Rights.

Weingarten Rights deal with an employee’s right to have a union representative present in meetings. The standard for when a union representative is legally allowed to sit in on a meeting is when the employee reasonably believes the discussion could in any way lead to being disciplined or terminated, or affect personal working conditions.

The Guild and company have had a long-standing understanding that coaching and Performance Improvement Plans are separate and distinct from the discipline process. However, recently the company has cited coaching and PIPs when meting out discipline yet still denied Weingarten Rights even though the process is now being used for discipline.

The company and Guild have had several discussions on this matter. The company has said it wants the long-standing understanding to remain. The Guild is waiting for written documentation of the understanding.

Until the Guild has a written understanding, please be aware that coaching and PIPs could directly lead to discipline and the Guild advises to request union representation in any meeting involving those issues. If representation is denied, which the company has said it will do, please continue with the meeting and report the incident to the Guild office.