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Weingarten Rights If you believe that any meeting or interview with your employer may result in disciplinary action against you, you are entitled to union representation. Under a decision by the United States Supreme Court in 1975 (NLRB v. Weingarten, No. 73-1363), nurses employed in hospitals covered by the National Labor Relations Act have the right to rep- resentation at any meeting with management which they reasonably believe may result in disciplinary action or termination. RNs in the public sector have the same rights. To exercise these rights: » You must request that a CNA/NNU nurse representative/shop steward be called into the meeting. » You must have a reasonable belief that discipline will result from the meeting. » You have the right to know the subject of the meeting and the right to consult your nurse rep- resentative prior to the meeting to get advice. » Do not refuse to attend a meeting if a CNA/ NNU advocate is requested but denied. Attend the meeting and insist upon your right to have a nurse representative present. If this fails, take complete notes and decline to answer questions. Just Cause for Discipline Just cause is a basic principle underlying most disciplinary procedures. While the definition of just cause necessarily varies from case to case, the following questions are examples of those commonly used by arbitrators in deciding whether there was just cause for a disciplinary discharge. Factors determining just cause for discipline: » Was the nurse adequately warned? » Was the policy legitimately established? » Was the rule or order reasonable? » Was the investigation fair and objective? » Did the investigation produce substantial evidence of proof? » Were the rules, orders, and penalties applied evenhandedly and without discrimination to all involved parties? » Is there evidence of disparate discipline compared to other similar incidents? » Was the penalty reasonable in relation to the seriousness of the offense and the past record? Know Your Rights Your Right to Representation 44