KNOW YOUR RIGHTS: Using Weingarten in Disciplinary Meetings

Did you know you have rights to union representation if you’re called into a meeting that may result in discipline?

Your Weingarten Rights to Representation protect you from unfair investigatory disciplinary practices of the various investigative agencies of the County. But these rights are no good to you unless you invoke them anytime you are called into a meeting with your superiors that could result in discipline for you.

Don’t hang yourself in the misguided thought that HR, your Supervisor, the Department Civil Service Representative or an investigator from the County Equity Oversight Panel (CEOP) has your best interest at heart. They don’t. Their job is to protect their department and the County from liability derived from alleged employee misconduct. There is no such thing as an informal investigative meeting or “off the record chat.”

The first question you should ask if you are called into a meeting about an incident is “can my responses be used as a basis for my being disciplined?” If the answer is yes, ask that your CAPE business agent be present. CAPE provides members a card which has a statement you can read that can stop your interview and allow you to contact your union for representation. These cards are available at our regular tables at the Hall of Administration (two Wednesdays per month) and the Department of Public Works headquarters (one Thursday per month). If you don’t have access to these regular CAPE tables, contact us at [email protected] and we’ll deliver one to you!

It’s important to understand you have rights and that any given response to a question could lead to serious disciplinary actions, career disruptions and/or co-worker alienation.

So remember, if you are called into a meeting that you believe could lead to discipline, assert your Weingarten Right to Representation and don’t think for a minute that you can represent yourself. There’s an old adage that goes, “an attorney who represents themselves has a fool for a client.”

Don’t you be that fool! Call CAPE first.