Weingarten Rights
In the landmark case
NLRB v. J. Weingarten, Inc. 420 U.S. 251 (1975), the Supreme Court upheld a National Labor Relations Board decision that employees have a right to union representation at investigatory interviews. These rights have become known as the
Weingarten Rights.
There are three rules to the Weingarten Rights.
- You must make a clear request for union representation before or during the interview. You cannot be punished for making this request.
- After the employee makes the request, the employer must choose from among three options:
- Grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
- Deny the request and end the interview immediately; or
- Give the employee a clear choice between having the interview without representation, or ending the interview.
- If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
If any member of MSA's management team approaches you to discuss discipline, suspension, termination, or anything that could affect your personal working conditions, politely respond with the following statement and then contact us immediately:
If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.
If anyone from MSA management attempts to question or discipline you, email us at info@nopaymsa.com or call (888) 864-6601 before you answer any questions.
Lawsuit
The lawsuit is close to settlement. We are currently awaiting signatures from the named plaintiffs and defendants. The signatures are due on March 27th. Judge Gorenstein will then have to approve the settlement. We've also been hearing reports from handlers that members of MSA's management team have allegedly been making remarks that discourage being a party to the lawsuit. If any member of MSA's management attempts to discuss the lawsuit with you, record the conversation if possible, and contact us as soon as you can.
Sick Leave
We've initiated an investigation into MSA's sick leave policy with the City of New York, Department of Consumer Affairs. We have received several reports from handlers that supervisors allegedly required they come to work when they attempted to use sick time, that supervisors allegedly demanded notes from doctors detailing their illnesses, and that supervisors and managers have disciplined and suspended handlers for using or attempting to call in sick. This is all against the law. If you have ever experienced any of these situations or have ever had trouble calling in sick, please email us ASAP at
info@nopaymsa.com. We are in current contact with an investigator from the City and can arrange to have them take a statement. All statements given to the investigator will be kept confidential.
Paid Family Leave
If you work in California, New Jersey, Rhode Island, New York, Washington State or Washington D.C., you are eligible for paid family leave benefits. You can use these benefits for a variety of reasons such as to care for a family member who is ill or to bond with a newborn child. Your benefits will vary by state. Feel free to select your state from the list below for detailed explanations. If you've attempted to use these benefits in the past and were denied or retaliated against by MSA, contact us for information.
