You Have a Right to Union Representation and Due Process!
What are Weingarten rights?
When does an investigatory interview occur?
What must a nurse do when management asks to meet with you?
If the manager denies the request for union representation and continues with the interview,
the manager commits an unfair labor practice
What options does the manager have after the nurse makes the request for a rep?
What are nurse’s rights in a disciplinary meeting?
- A series of rights, upheld by the US Supreme Court in 1975, that employees should have access to union representation when attending investigatory interviews
When does an investigatory interview occur?
- When management questions an employee to obtain information anywhere, whether by phone, in the hallway, the patient’s room, the manager’s office or HR
- The employee has a reasonable belief that discipline or other adverse consequences may result
What must a nurse do when management asks to meet with you?
- ALWAYS ask what is the reason for the meeting
- ALWAYS ask whether the meeting is investigatory or could lead to discipline
- ALWAYS ask for a nurse representative if the answer is yes
- ALWAYS ask for a nurse representative if in doubt
- ALWAYS ask for nurse representation before or anytime during the interview
- ALWAYS remember that the nurse must ask for the rep
- ALWAYS remember that ANYTHING you say can be used against you
- ALWAYS remember that management does need to tell you that you need a rep
- ALWAYS notify your rep or CNA immediately for any questions
- ALWAYS remember you cannot refuse to attend any meeting management insists that you go to but;
- ALWAYS state that you will answer management’s questions once you are provided a rep
- ALWAYS take notes
- ALWAYS remember that the nurse cannot be punished for making the request for a nurse rep
If the manager denies the request for union representation and continues with the interview,
the manager commits an unfair labor practice
What options does the manager have after the nurse makes the request for a rep?
- Grant the request and delay the interview until the rep arrives or another meeting is arranged
- Deny the request and end the interview immediately, without further questioning
- Allow the employee to choose to conduct the interview without a rep (NOT RECOMMENDED)
- Simply end the interview
What are nurse’s rights in a disciplinary meeting?
- The nurse does not have a right to a representative if the meeting is ONLY disciplinary
- This would be for a discipline that has already been decided by management
- That does not mean that a rep could not be there depending on the circumstances
- Simply sign the discipline which only indicates that you received it
- The nurse is not required to sign the discipline if they choose not to do so
- ALWAYS inform your manager that you will be submitting a rebuttal
- ALWAYS ask for a copy of the discipline
- ALWAYS send a copy to your rep immediately
- ALWAYS call your rep to discuss further actions