AFSCME Local 391

As a State Employee and a NP-4 union member you are entitled to Weingarten Rights. If you are ever denied your Weingarten Rights call the Union Office at (860)745-0391 as soon as possible.

WEINGARTEN RIGHTS

If you are ever called into an interview meeting with your supervisor or manager so that they can investigate a situation which might result in discipline, you have specific representational rights. These rights are called Weingarten Rights and they are summarized below.

Your Rights Under Weingarten:

You have the right to have a Union steward or union representative present.
If you want a steward there, you must ask for him or her.
If you do not know why your manager wants to meet with you, ask him/her if it is a meeting that could result in a discipline.
If your manager refuses to allow you to bring a steward, repeat your request in front of a witness. Do not refuse to attend the meeting, but do not answer any questions either. Take notes. Once the meeting is over call your steward at once.
You have the right to speak privately with your steward before the meeting and during the meeting.
Your steward has the right to play an active role in the meeting. She or he is not just witness.

Weingarten Statement
"If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my steward be present at the meeting. Without representation present, I choose not to respond to any questions or statements."

As a State Employee you are entitled to Garrity Rights.

If you are involved in an incident that requires an Incident Report and you feel that it could lead to disciplinary action or it requires a Use of Force Report I would advise you to invoke your Garrity Rights by starting your incident report with the following statement. By doing this you protect yourself from your internal reports being used against you in a criminal investigation by an outside agency.

Garrity Statement
The following statement should precede any and all reports or statements requested by your department concerning your actions, other officers' actions or incidents in which anything contained in the report or statement can be used against you or other officers:

"On (state date/time) at (place), I was ordered to give this statement (report) by (state name/rank). I give this Statement (report) at his/her order as a condition of employment. I understand that I may face disciplinary action for disobeying this order so I have no alternative but to abide by the order.

It is my belief and understanding that the Department requires this statement (report) solely and exclusively for internal purposes and will not release it to any other person or agency. It is my further belief that this statement (report) will not and cannot be used against me in any criminal proceedings.

For any and all other purposes, I hereby reserve my rights as provided by the United States Constitution and any other rights prescribed by law. Further, I rely specifically upon the protection afforded me under Garrity v. New Jersey 385 U.S. 439 (1967)".