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For successful counselling it is important to win the employee's confidence that change is needed, identify the problem, agree to specific actions the employee would take, providing regular feedback and recognizing improvements.
Weingarten does not apply to nonunion employees, so employers are not required to allow union representation at an investigatory interview of a nonunion member. Weingarten does not cover unfair labor practices or participation in picket lines.
These rights currently apply only to employers who have unionized workforces. The National Labor Relations Board (NLRB) expanded Weingarten rights to non-union employees for a brief period in the early 2000s, but the agency has since reverted to having them apply exclusively in union settings.
Speak to the employee, on a timely basis, about the specific reason for the counseling session. Describe specific, observable, measurable and/or unacceptable conduct. Be prepared, have the facts in hand before you meet. State the effect of the problem on the work environment or on the employee's performance.
Among the rights protected by Section 7 is the right of union-represented employees, upon request, to have their representative present during an interview that the employee reasonably believes could lead to discipline. This right was first articulated by the Supreme Court in the case, NLRB v. J.
Constituents of Performance Counseling:i) Communication:ii) Influencing:iii) Helping:(i) Rapport Building:(v) Plan the Action:(vii) Conclude the Meeting:
Specifically, the Board has determined that so-called Weingarten rights do not apply to nonunion employees. Weingarten rights enable union workers to insist on having a representative present during investigatory interviews that could reasonably result in discipline.
An employee is entitled to union representation when all of the following conditions are met: The employee must be questioned in connection with an investigation; The employee must reasonably believe he or she may be disciplined as a result of the answers; and. The employee must request representation.
How does an employee exercise Weingarten rights? Simply stating, "I would like my union representative present" is sufficient to invoke the right. Even questions such as, "Shouldn't I have a representative here?" have been considered sufficient to assert Weingarten rights.
Four conditions must be met before an employee's Weingarten rights are triggered: A management representative must seek to question the employee. The questioning must be in connection with an investigation. The employee must reasonably believe that the interview may result in disciplinary action against the employee.