Animation Guild | We are 839 Digital Magazine
Issue link: https://digital.copcomm.com/i/1313527
impact on your working conditions, or termination, you are entitled to ask for union representation. WHAT IS REASONABLE BASIS? Your employer might state upfront that a meeting could lead to disciplinary actions. In that case, you have a clear reason to exert your Weingarten Rights. But if you're uncertain about the meeting's purpose, consider other factors. Have you recently received oral or written warnings? Have any of your fellow employees been disciplined for the conduct you are going to discuss with your employer? In situations such as these, you would have a reasonable basis for exerting your Weingarten Rights. WHO IS RESPONSIBLE FOR EXERTING WEINGARTEN RIGHTS? Your employer is under no obligation to offer, or even mention, your Weingarten Rights. Exerting these rights is entirely up to you. Keep in mind that if you do not ask for your Weingarten Rights, and willingly participate in an investigatory interview, you are considered to have "waived" those rights. HOW DO I ASK FOR MY WEINGARTEN RIGHTS? You simply tell your employer you want a union representative present at your investigatory inter view. If possible, you should give your employer reasonable notice before the meeting so there is time to include a union rep. WHAT IF I DON'T REALIZE I NEED UNION REPRESENTATION UNTIL QUESTIONING IS UNDERWAY? If you become aware of the disciplinary nature of the interview after it commences, you are entitled to stop the questioning and ask for union representation. In such a case, your employer must immediately stop asking you questions that could result in discipline or adversely affect your job. WHAT IS MY EMPLOYER REQUIRED TO DO ONCE I ASK FOR MY WEINGARTEN RIGHTS? Once you request your rights, your employer has three options: • Grant your request and delay questioning until a union representative can be present. • Deny the request and either cancel or end the interview immediately. • Give you a choice between having the interview without representation or ending the interview. WHAT IF I EXERT MY WEINGARTEN RIGHTS AND MY EMPLOYER KEEPS ASKING QUESTIONS? Your employer is committing an unfair labor practice, which is an action that violates the National Labor Relations Act. You have the right to refuse to answer the questions, but you cannot walk out of the inter view. You must wait until your employer ends the inter view. Your employer cannot discipline you for refusing to answer. The employer is not, however, precluded from disciplining you for the alleged conduct under investigation. CAN I GET IN TROUBLE FOR ASKING FOR MY WEINGARTEN RIGHTS? Your employer is also forbidden from disciplining you for exerting your Weingarten Rights. If this happens, the National Labor Relations Board can order your employer to rescind any discipline imposed because you exerted your rights. WHY ARE MY WEINGARTEN RIGHTS IMPORTANT? Bottom line: Weingarten Rights ensure that you receive fair treatment. WEINGARTEN RIGHTS CARD The Animation Guild offers a downloadable Weingarten Rights Card and we've included one in this issue too. If you need to exert your rights, you can use the information on this card: "If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my Union Representative be present at the meeting. Without representation, I choose not to answer any questions. This is my right under the 1975 U.S. Supreme Court Weingarten decision." You do not need to use these exact words, but they can serve as a guide to ensure your employer understands your request. You can download a copy of this card to carry with you at https://animationguild. org/wp-content/uploads/2020/08/ WeingartenCard.pdf. YOUR UNION BUSINESS REPRESENTATIVE If you have any questions about exerting your Weingarten Rights, contact your TAG Business Representative, Steve Kaplan, at steve.kaplan@tag839.org. This article is for informational purposes only and not for the purpose of providing legal advice. ADDITIONAL RESOURCES YOUR UNION T H E L O C A L WINTER 2020 19