As a resident or fellow you may encounter situations where disciplinary action is taken against you or where you feel UMMC or your program has violated a written policy or some aspect of our collective bargaining agreement (contract). Remember, you have rights and you need to use them. Keep reading to review your rights and how to use them.
Your Weingarten Rights
WEINGARTEN RIGHTS
These rights mean every housestaff member in UMRFA’s bargaining unit is guaranteed the right to union representation during an investigatory interview / meeting that you reasonably believe might lead to discipline, suspension, demotion, termination, or otherwise affect your job status or working conditions.
A Weingarten rights meeting isn’t just formal office interviews — it can happen on the work floor, in offices, or anywhere a supervisory individual asks questions you think could lead to discipline.
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Your Weingarten rights apply only when all of these are true:
A manager, representative of management, or supervisor is asking you questions; and
The questioning is part of an investigation into your performance or conduct; and
You reasonably believe your answers could lead to discipline, discharge, or other adverse consequences; and
You requested a union representative.
Remember that UMMC does not have to advise you of your rights under Weingarten, so you must assert them yourself.
And third parties (including union representatives) may not make the request on your behalf.
Not all meetings with management trigger these rights. Routine check-ins, trainings, or conversations about schedule preferences typically do not qualify unless they turn into an investigatory interview under the test above.
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Examples of this might include:
A meeting to investigate a workplace accident
A discussion about alleged policy violations
One-on-one questioning about conduct that could lead to discipline
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You must ask clearly for representation — UMMC isn’t required to tell you about this right. A helpful statement could be:
“If this discussion, meeting, or telephone call could in any way be related to my being disciplined, terminated, or affect any of my working conditions, I exercise my federal rights and hereby request that my union representative or steward be present. Without their presence, I choose not to participate in this discussion or meeting. Please do not request that I wave this right.”
Note: Without this representation, you have the right to choose not to answer any questions per the United States Supreme Court case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975). However, no member should ever waive their right to representation.
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AFTER YOU REQUEST REPRESENTATION, THE EMPLOYER HAS THREE CHOICES:
Delay the meeting until a union representative arrives,
End the meeting, or
Offer you the choice to continue without representation or end the meeting.
If the meeting continues without your representative after you’ve asked for one, that could be an unfair labor practice. If that happens, you can refuse to answer questions and contact your union for support.
If the meeting is delayed, you can email us at info@umrfa.org to request a rep for the upcoming meeting. If you need to contact a union rep more urgently, we will have a phone number you can call soon.
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WHAT A STEWARD OR UNION REPRESENTATIVE CAN DO:
A union steward or representative can play an important role in your meeting. They may:
Meet privately with you before the questioning begins or at any time during the meeting
Ensure the supervisor explains the purpose of the interview
Ask the employer to clarify confusing questions
Advise you as the interview proceeds
Help you make sure your side of the story is heard
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IF YOU’RE UNSURE WHETHER IT APPLIES:
If you’re asked to attend a meeting and can’t tell whether it might lead to discipline, it’s completely reasonable to ask your supervisor what the meeting is about and to request a union rep or steward before answering questions. Your union rep o steward can help you decide how to proceed.
Understanding and asserting your Weingarten rights can protect your job and ensure fairness during difficult conversations at work. You have the right to representation — don’t be afraid to use it when you need it.
Do This, Not That
If you are charged with job-related violations or your supervisor asks to meet with you to discuss concerns about your performance or conduct...
DO THIS:
Contact your union representative immediately.
INSTEAD OF:
Agreeing to meet without a union representative, admitting guilt, or accepting blame in any incident.
DO THIS:
Insist that a union rep be present for any meeting regarding allegations of misconduct, academic deficiencies, or possible charges against you.
INSTEAD OF:
Hiring a private attorney before understanding your legal defense benefits, coverage, and limitations.
DO THIS:
Listen carefully to the UMMC’s concerns or accusations, and then ask for time before you respond.
INSTEAD OF:
Making statements or responding to questions prior to consultation with your union representative.
DO THIS:
Contact your union rep about any academic or professional letters of deficiency received.
INSTEAD OF:
Getting to the point of dismissal prior to discussing your grievance and appeal options with your union representative.