Monday, March 23, 2009

GP Union News March 2009

GP Union Conference Utilizing First National Conference Call

On Thursday, March 26, 3:00 p.m. (Eastern), local union representatives from the GP Union Conference will be joining USW Vice President and GP Chair Jon Geenen on a conference call to discuss the latest developments at the company and in the industry. It will address questions and concerns that have been GP Union Conference Utilizing First National Conference Call
submitted by the local unions. Following the submitted questions, those on the call will have an opportunity to ask question and raise issues as time permits. This is not to replace conference meetings, but to enhance communications using the latest tools at our disposal.

GP Gypsum Worker in Wheatfield Fired by Company

As previously reported, GP gypsum workers inWheatfield, Ind., have gone more than two years since organizing without a union contract. Now comes news that a four-year employee and strong union supporter has been fired. This union member was singled out after reporting on the company hotline his concerns about possible leaks in employees’ personal information from GP’s
GP Gypsum Worker in Wheatfield Fired by Company records. While urging workers to report problems on the hotline, it’s apparently a firing offense to say something the company doesn’t like! Even worse, management is trying to block him from getting unemployment benefits to support his family. Even without having a contract in place, members have taken up a collection and are supporting their union brother though the tough times.

‘Weingarten Rights’

A WORKER’S RIGHT TO UNION REPRESENTATION

There is no time like the present to educate ourselves on where we stand as workers at this large company. USW members should be aware of an important legal safeguard that union-represented workers have that nonunion workers do not.

The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc.) These are known as the Weingarten rights.

Employees have Weingarten rights only during investigatory interviews, when a supervisor questions an employee to get information which could be used as a basis for discipline or asks an employee to defend his or her conduct.

If a union worker has a reasonable belief that discipline or other adverse consequences may result from what he or she says, they have the right to request union representation. Management is not required to inform the employee of his/her Weingarten rights; it is the employee’s responsibility to know and request.

When an employee makes the request for a union representative to be present management has three options: (I) stop questioning until the representative arrives, (2) call off the interview or, (3) tell the employee that it will call off the interview unless they voluntarily gives up his/her rights to a union representative (an option employees should refuse.)

Management often tries to say that the only role a union representative has in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly says a representative can assist and counsel workers during the interview.

The Supreme Court also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.

While the interview is in progress the representative can not tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.

Right now, employees who work in a non-union workplace are not entitled to have a coworker accompany them to an interview with their employer, even if they thinks that the interview might result in discipline.

Our Weingarten rights are one more important reason why it pays to be a union member!