Formal Discussions
What is the Statute provision for Formal Discussions?
What is the Statute provision related to Weingarten Meetings?
7114(a)(2)(B)
The union rep is allowed to make a statement during a Formal Discussion.
TRUE - The union rep may make a brief statement as long as they do not "usurp, disrupt, or take charge of the meeting." [A3, Sec 6.E.2]
AFGE - Article 3, Section 2.B
Annual notification to employees regarding Weingarten rights [APR 6.1]
Formal Discussion? Y or N -- A meeting to resolve an EEO complaint
YES - Even where EEO matters are excluded from the negotiated grievance procedure, this is considered a formal discussion.
What AFGE provision speaks to management's obligations regarding Weingarten Meetings? BONUS: How about the NTEU or IFPTE contracts?
AFGE Article 3, Sec 6.B
NTEU Article 5, Sec 3.B
IFPTE Article 5, Sec 4.A
It is considered a bypass of the union if management informs a grieving employee about a grievance decision.
TRUE - Bypasses include informing a BUE directly about a grievance or disciplinary action decision, negotiating with employees, and polling employees without union notification.
AFGE - Article 3, Section 6.E.
Formal Discussions - Notice, Union can designate a rep, Rep is acknowledged at meeting and can make a brief statement
What makes a meeting "formal"?
Level of Management - Multiple Leaders - Length - How meeting is announced and how far in advance
- Location - Meeting notes taken - Mandatory - Subject - Manner in which the meeting is conducted
List the four questions that must be true to constitute a Weingarten meeting.
(1) Will an agency rep be present? (2) Is the examination in connection with an investigation? (3) Can the employee reasonably anticipate discipline? (4) Did the employee request a union rep?
A Weingarten meeting is considered a Union Right under the Statute.
FALSE - In Weingarten meetings, the EMPLOYEE has a right to request union representation. Conversely, Formal Discussions are a Union Right.
True or False - A union rep may attend a Weingarten meeting via teleconference.
TRUE - All three contracts provide this flexibility, which will assist with "no unreasonable delay" in acquiring a union rep. [AFGE A3, Sec 6.B; NTEU A5, Sec 3.B; IFPTE A5, Sec 4.A.2]
Formal Discussion? Y or N -- An open-ended dialogue between a supervisor and multiple employees
More likely, NO. However, these type of meetings can turn into formal discussions if the supervisor gets into certain subjects.
Name one circumstance where a particular union rep can be excluded from a Weingarten Meeting.
- Rep has disrupted/interfered with previous Weingarten meetings
- Union Rep is the subject of investigation and cannot be rep for one of the witnesses
During a Weingarten meeting, the union rep can consult with the employee.
TRUE - The union rep is allowed to consult with the employee, make a statement that's part of the record, assist the employee in presenting the facts, and suggest alternate avenues of investigation.
AFGE - Article 3, Section 6.D.1
Surveys - Provide union notice for personnel surveys concerning conditions of employment and copy of results
List the 5 questions that help you determine if a meeting is a formal discussion.
(1) Will there be a discussion? (2) Will at least one agency rep be present? (3) What is the subject matter? (4) Is the meeting "formal"? (5) Is there union notice to designate a union rep?
True or False - A "Weingarten" meeting is a discussion between a manager and employee that is held in a garden of wine.
FALSE - In NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975) the Supreme Court held that BUEs have the right to a union rep during any management inquiry where the employee reasonably discipline may follow.
Focus groups with BUEs are a bypass of the union.
FALSE, with proper notice to the union... AFGE Article 3, Section D.2. obligates management to consult with the union on the BU participants (number and who) and topics.
IFPTE - Article 5, Section 4.B.3
Bypass - "Consistent with 5 U.S.C. Chapter 71, the Employer will not communicate directly with Judges regarding conditions of employment in a manner that will improperly bypass the AALJ under law."