Stony Brook University Center Chapter members have a right to representation in matters related to the discipline and certain investigatory matters under the Public Employees’ Fair Employment Act of 1967 (Taylor Law), and the Agreement Between New York State and United University Professions, 2016-2022. Those members who are placed in a position by management within their department, division or other affiliated Stony Brook University managerial authority, and feel as if they are in threat of discipline or other investigatory matters in which they are permitted UUP representation are advised to notify management representatives in question of your right to representation by making the following statement:
“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.”
The above statement came from the United States Supreme Court case of NLRB v. J. Weingarten, Inc. 420 U.S. 251 (1975) which upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. The rights are referred to as Weingarten Rights, and the follow rules/options exist for all parties 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:
- grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
- deny the request and end the interview immediately; or
- give the employee a clear choice between 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.
Members are advised to contact the Chapter Office via phone at 631-632-6570 with any questions, or concerns.