In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a NLRB decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
During an investigatory interview, the Supreme Court ruled that the following rules apply:
RULE 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
RULE 2: After the employee makes the request, the employer must choose from among three options. The Employer must either:grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; deny the request and end the interview immediately; or give the employee a choice of having the interview without representation or ending the interview.
RULE 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
| Weingarten Rights |
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In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a NLRB decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights. During an investigatory interview, the Supreme Court ruled that the following rules apply: RULE 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request. RULE 2: After the employee makes the request, the employer must choose from among three options. The Employer must either:grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; deny the request and end the interview immediately; or give the employee a choice of having the interview without representation or ending the interview. RULE 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
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| Loudermill Rights |
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In another decision announcing a Constitutional right for public employees not possessed by private employees, the Supreme Court in Cleveland Board of Education v. Loudermill held that most public employees are entitled to a hearing before they are discharged. However, the “hearing” is not a full evidentiary hearing and need not include the opportunity to cross-examine your accusers. All that is required is: 1. Oral or written notice of the charges and time for hearing~ 2. An explanation of the employee’s evidence: and 3. An opportunity to present “his side of the story"
Further, since the issuance of the Loudermill decision, the lower courts have strictly limited the remedy for Loudermill violations. Specifically, an employee deprived of his Loudermill rights is not entitled to reinstatement if the employer can prove that there was just cause for the discharge in any case. PUBLIC EMPLOYEES CONSTITUTIONAL RIGHT TO A PRETERMINATION HEARING (“LOUDERMILL RIGHTS”)
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| Garrity Rule |
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GARRITY RIGHTS AND PUBLIC EMPLOYEES The Garrity rule comes from the United States Supreme Court case of Garrity v. New Jersey. It is the right of a law enforcement officer1 to be free from compulsory self-incrimination. The basic thrust of the Garrity Rule is that a department member may be compelled to give statements under threat of discipline or discharge but those statements may not be used in the criminal prosecution of the individual officer. The courts have held that choosing to work in a police department does not give a person a "watered-down" version of their Fifth Amendment2 right against self-incrimination. This also applies to fire departments.
Download:
 garrity.pdf
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Page Last Updated: Aug 12, 2014 (09:07:00)
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