Do You Need Representation?

The Weingarten Decision

The U.S. Supreme Court, in 1975, decided that union members have the right to representation at certain meetings and under certain circumstances.  The Ohio State Employment Relations Board (SERB) has accepted these rights as being binding on Ohio organizations like your Akron-AAUP and The University of Akron Administration (see a copy of the relevant decision, here). Note that, unlike the famous Miranda decision, your supervisor – Department Chair or School Director, Dean or other administrator is NOT required to inform you of these rights. A Chapter from Mike Mauer’s book, on Weingarten rights and protection from retaliation is found here. Mr. Mauer has graciously given his permission for the Akron-AAUP to use this, provided we note that he is the author of the Chapter which can be found in his book:

The Union Member’s Complete Guide:  Everything you want and need to know about working union, (2001).  Annapolis MD:  Union Communication Services, Inc.

• The meeting is an investigatory interview where you are expected to answer questions in connection with an inquiry into possible wrongdoing.  These rights do NOT cover communication meetings that are one-way, such as conveying information to you or notifying you of a an already-made disciplinary decision.
• Disciplinary action MAY result from the meeting; it does not have to be the only possible result but you must reasonably believe it to be one of them.
• You “reasonably believe” that disciplinary action may result from the meeting. In this case, circumstances surrounding the meeting will be taken into account, including previous actions by the supervisors.
• You must specifically request representation.