August 16, 2004
Guild
charging S&P
with
labor law violation
__________________________________
Two maverick managers in Global
Supplements/Industry Surveys dealt a blow to the mostly cooperative working
relationship that Standard & Poor’s and the Guild have both benefited
from in the past. On the heels of trying arbitrarily to institute a new
attendance policy and dress code in their department, the bosses turned down a
request by an employee for union representation at the start of a disciplinary
meeting, stating it was only a “heads-up” discussion. They then proceeded
to state that the employee’s work was “unacceptable” and questioned the
employee’s judgment on certain matters.
Here’s what happened: The
employee was called into a meeting with the two managers, at which one of them
accused the worker of missing deadlines. At that point the employee said,
“If this is going to be a disciplinary meeting, I respectfully request Guild
representation.” The manager then said that it wasn’t a disciplinary
meeting, it was a heads-up, a “prelude” to a verbal warning. Feeling
cornered, the Guild member did the right thing, continued to listen to what
the managers had to say, and took careful notes of the meeting. When it was
over, the employee immediately called New York Local Representative Steve
Zavatski and he in turn called Unit Chairperson Ed Fannon.
“This is an egregious
violation of this member’s basic union rights,” said Zavatski while
talking with Chairperson Fannon and the worker, shortly after the incident.
“We’ve had our eye on these two managers because of other violations that
they generated and that the Guild and Human Resources had agreed to settle.
But this one is the worst.”
Because of the bosses’
action in denying the employee union representation, the Guild is accusing the
company of violating federal labor law at the National Labor Relations Board
(NLRB). If the Board agrees with the union, the Department of Labor will try
S&P on the charge before an Administrative Law Judge.
Your
rights as a Guild Member: Demand them!
Any
employee who reasonably believes a meeting with a manager may lead to
discipline has the right to have a union representative present. These
“Weingarten” rights have been upheld by the U.S. Supreme Court. Managers
are not required to inform the employee of these rights, but they must honor
requests for representation.
“Weingarten” rights apply
during disciplinary meetings, investigatory interviews – where supervisors
question employees to get information that may become a basis for discipline
– or when employees are asked to defend their conduct. Employees may
request a union representative, whether a shop steward or New York Guild
employee, at any time, even when a supervisor’s casual chat starts to turn
ugly.
Once an employee requests
representation, the manager must stop questioning until the representative
arrives, call off the interview, or tell the employee the interview will be
called off unless the employee voluntarily gives up the right to
representation, which the Guild urges members not to do. If your request for
a union representative is ever denied, continue with the meeting under
protest and call your shop steward as soon as possible.
Managers must inform the union representative of the subject of the
interrogation and must allow the representative to speak privately with the
employee before the interview and to interrupt to clarify a question or to
object to confusing or intimidating tactics. A representative cannot tell
members what to say but may advise them on how to answer a question. At the
end of the interview the representative can add information as well.
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08/16/04