Weingarten Rights

[superdupper]

What is the name of your state (only U.S. law)? CA

In a discussion with an employee as to a performance issue, he became agitated, and disruptive in the workplace. I asked him to follow me so that there would be no futher disruption to his co workers He asked for union representation and I informed him that at this time since there were no union stewards available, I wanted him to go back to his desk and continue to work without disrupting the rest of the staff. I informed him that we would regroup when a steward was present and have our discussion at that time, which we did. He is now claiming that the discussion about the discussion is a viloation of his Weingarten Rights. Is that a valid grievance?

[Some Random Guy]

[url]http://en.wikipedia.org/wiki/Weingarten_Rights[/url]

You apparently chose the first option: "grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; "

Once he requested union representation, did you continue to investigate or only direct him to perform duties at his desk? Discussing the need for a union steward to be present seems like a laughable attempt at ceating a 'violation'

[superdupper]

No investigation was conducted. I told him that we would meet when a steward was present.

[Some Random Guy]

If all you discussed was the scheduling of a meeting where a union steward would be present, there would be no reasonable cause of action here. Beware that his story may not match your recollection of events.

[justalayman]

[url]http://edu.teamster.org/weingart.htm[/url]

a simple little quiz on this site is quite informative.

He is now claiming that the discussion about the discussion is a viloation of his Weingarten Rights.

the discussion about the discussion?

Either there is a lot missing or the employee does not understand what his rights are. The discussion about the discussion is not a violation since it in itself was not an investigatory action and Weingarten rules would not apply.

I am pro-union, myself, but this employee needs to have somebody whack him with a newspaper. This type of actions are simply stupid. The employer handled the situation properly. He suspended any investagatory discussions and directed the employee to return to work until such time the investigation could be allowed, legally. How could that be construed as a violation of his Weingarten rights?

but as "some random guy" noted; his recollection may show this discussion in a different light.