In addition, I believe it is not in your company’s best interests to voluntarily share with employees that they have the right to coworker
participation. Whereas Weingarten rights have been around for union employees for twenty-five years, this new interpretation for nonunion employees is untested.
In addition, coworkers in general—unlike union stewards, who are trained in basic [...]
Archive for October, 2009
91. Can a nonunion employee demand that a coworker be present at a progressive disciplinary meeting with management? (1)
Possibly. The Weingarten case in 1975 confirmed that unionized employees
have the right to act in concert for their mutual aid and protection as set forth in section 7 of the National Labor Relations Act (NLRA) and to ensure evenhanded treatment of employees. Atthat time, the National Labor Relations Board (NLRB) didn’t expand the Weingarten interpretation [...]
90. Can a union employee demand that a steward be present at a progressive disciplinary meeting with management?
Yes. The Supreme Court ruled in the 1975 case National Labor Relations
Board v. Weingarten, Inc. that employees in a unionized organization
have the right to union representation during an investigation interview if the employee reasonably believes that the meeting may result in disciplinary action. Although you’re not required by law to tell unionized employees that they [...]
89. Should I rebut a rebuttal or allow the employee to have the last word? (2)
Here’s how to avoid the problem from the outset: Before you meet with an employee to give her a written warning, discuss your intentions and your concerns. Tell your subordinate, ‘‘Anne, I’m conducting this meeting because it appears to me that a written warning will be necessary. Before I sit down to write it, I [...]
89. Should I rebut a rebuttal or allow the employee to have the last word? (1)
This is a very common question among line managers. In general, we all have a need to justify our opinions. If we write that a staff member displays disrespectful conduct toward clients, commits excessive errors when performing routine tasks, or takes too many sick days off, our perceptions shouldn’t be challenged, right? Well, there are [...]
88. What if an employee refuses to sign a written warning? (2)
When employees ask for time to review the document and compose a rebuttal, provide them with up to seventy-two hours (or whatever period of time you deem reasonable) to return the warning to you. That seventy-two-hour window doesn’t provide them with any special job guarantees or protection periods. In other words, if you give an [...]
88. What if an employee refuses to sign a written warning? (1)
Many managers mistakenly believe that employees must sign written
warnings in order for those warnings to be valid. That’s not really the case. The purpose of progressive discipline is to communicate problematic performance issues in an effort to raise employees’ awareness so that performance improves.
When an employee is given a written warning (or letter of clari-
fication, [...]
87. What are letters of clarification? (2)
On the other hand, letters of clarification specifically state that the document isn’t a disciplinary warning. As such, employees don’t walk away from your meeting feeling beaten up for having been written up. Instead, they sense that they’ve had a private meeting with management to discuss management’s perceptions about how they can improve their performance. [...]
87. What are letters of clarification? (1)
Many employers make the mistake of looking at corrective action as
a black-and-white choice. They either do nothing at all, or they prepare
very formal disciplinary documents that may leave an employee
feeling alienated and threatened. However, there is a middle
ground.
A letter of clarification is an alternative response that allows the
supervisor to formally acknowledge her concerns in writing [...]
