How do you avoid being baited or bullied into quitting by management? Ive been called up multiple times to have a chat with management about some frivolous bull**** (getting a complaint from one of those customers that complain to corporate even after you do everything for them and yell at you and your department manager trying to scam free items.) to have the friendly chat end with the head manager raising his voice and getting heated and escalating the situation by trying to get me angry and suggesting that "Why dont you just quit or how about you go downstairs and clock out?"
Never go into a meeting with management without union representation. Even if they say it's not necessary, never go into a meeting with management without union representation.
During an investigatory interview, the Supreme Court ruled that the following rules apply:
Rule 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
Rule 2: 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.
Rule 3: 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.
In July 2000, the NLRB under the Clinton administration extended the Weingarten Rights to employees at nonunionized workplaces. On June 15, 2004, the NLRB under the George W. Bush administration effectively reversed the previous ruling by a three to two vote.
Weingarten card
The following is an example of a card which an employee can either read or present to management prior to a meeting with management where the employee believes that discipline or termination may result:
"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, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion."
If only I had semi decent union reps. Ive got one that is always out due to medical reasons, one that is part of the "in crowd" with management and a red faced alcoholic.
You can call for a union rep or steward for anything that you suspect may be related, directly or indirectly, to disciplinary action. The manager ask "Did you do x last night?" and you suspect you are being set up, call for your rep or steward.
As a 40 yr member, this is good advice because I am familiar with all this. If you feel you are being harassed in any way, a cool down period will be recognized by HR. You do have the right to say, that you are putting them on notice of your feelings. You make walk away, till you cool down. Call your rep. You can inform mgmt. that you will record all conversations, and that usually ends it. Do not secretly record. Also notify HR, but do not answer any questions, just put them on notice
Remember- a Union rep does not need to be at Union Steward. It can be anyone who works at Kroger that is not Sallady like a good friend of yours who you trust and want to be in the room with you. You can even have both. See- the union steward is not always there. So what do you do? Management will try to intimidate you saying crap like that's not allowed. It don't back down and don't be weak/unsure. They will pounce on you like a cheetah on a caraboo.
If you want to play an extra good joke on them during questioning, request the actual official union rep, who likely can't come to the store for a few days to a week. If your rep is a good guy, he might magically be super busy that week. Their options then are to drop it till he gets there, or just let you go. Often they don't want to mess with having to schedule a week out over petty crap.
Remember, check your contracts, but most should state that you can request either the union representative or steward, not just one or the other. Further, you do not need to accept any union representation selected for you by management. So if you say "I want the union rep" and they say "but the steward is in" you can just laugh. Also, go talk to the steward anyway and probably have him find out what is going on.
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