Dealing with the Weingarten Ruling (Interviewing Public Sector and Private Sector Union Employees)

Duration: 90 Minutes
This training program will explore the rationale behind the Weingarten Decision and other similar court decisions. It will also examine the union employee's responsibilities when subject to an investigative interview and the union representative's role in an investigative interview, along with sanctions and remedies for violation of Weingarten Rights.
Weingarten Right
Instructor: John E Grimes
Product ID: 505068
Objectives of the Presentation
  • The Weingarten Decision and its rationale
  • Other court decisions
  • Management's obligation when conducting investigative interviews of union employees
  • How to effectively conduct an investigative interview when Weingarten Rights have been asserted
  • The union employee's responsibilities when subject to an investigative interview
  • The union representative's role in an investigative interview
  • Sanctions and remedies for violation of Weingarten Right
Why Should you Attend
If you are a management employee in an organization, whether public sector or private sector, that employs union workers, it is imperative that you are aware of and understand the ramifications of the Weingarten ruling. If you conduct any type of investigation that could lead to discipline of a union worker, either as a human resource professional, attorney, investigator, auditor, claims representative, or other position, you need to understand Weingarten.

In addition, by attending this webinar, attendees will learn how to conduct effective interviews of union employees that achieve an interview objective of obtaining truthful information. You will learn effective techniques to gain the cooperation of the interviewee.

Who will Benefit
  • Managers
  • Investigators
  • Auditors
  • Claims Professionals
  • Loss Prevention Professionals
  • Fraud Examiners
  • Attorneys
  • Labor Relations Professionals
  • Human Resource Professionals
Topic Background
In 2015, the United States Bureau of Labor Statistics reported 14.8 million workers were members of a union. This represented around 11.1 percent of all workers. Public sector workers had a union membership rate of around 35.2 percent, representing 7.2 million workers. Private sector union membership was at around 6.7 percent, representing 7.6 million workers. Even though it has dwindled over the years, union membership is still a force to be aware of when conducting internal investigations.

In 1935 Congress enacted the National Labor Relations Act (NLRA) to protect the rights of employees and employers. The NLRA created the National Labor Relations Board (NLRB) as an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative (National Labor Relations Act). The federal equivalent to the NLRB is the Federal Labor Relations Authority (FLRA), created by the Civil Service Reform Act of 1978.

In 1975 the United States Supreme Court in the case of NLRB v. J. Weingarten, Inc. 420 U.S. 251 (1975) upheld a NLRB decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights. There are processes that management, including management hired investigators must be aware of and follow when conducting investigative interviews of union employees.
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Instructor Profile:
John E. Grimes III, CFE, CFI has over 45 years of law enforcement, criminal investigation, loss prevention, fraud examination experience, and teaching experience. John began his law enforcement career with the Baltimore City Police Department where he became a Detective in the Criminal Investigation Division (CID). John left Baltimore and became a Special Agent with the newly formed Amtrak Police Department Fraud and Organized Crime Unit and was later promoted to Captain of the CID. In 1993, John joined the Amtrak Office of Inspector General/Office of Investigations as a Special. He was promoted to Supervisory Special Agent and Regional Supervisory Special Agent. 1999, he was appointed the Chief Inspector. John retired from service in 2011.

John is currently an Adjunct Professor of Forensic Studies at Stevenson University. John re-developed and teaches the graduate level course, Investigative Interview Techniques. In addition, he is an Advisory Committee member for the Center for Forensic Excellence at Stevenson University. He also developed and taught an introductory Loss Prevention Course for Blue Ridge Community College in Hendersonville, NC.

Furthermore, John is the Proprietor of Fraud and Loss Prevention Solutions. He consults and provides training and speaks on a variety of fraud topics including Procurement Fraud, Fraud and Loss Prevention Strategies, and Forensic Interviewing and Interrogation. John also speaks about Ethics and Leadership John is the Immediate Past President of the Maryland Chapter of the Association of Certified Fraud Examiners. John has been recognized as a Certified Fraud Examiner since 1997. John is also recognized as a Certified Forensic Interviewer by the Center for Interviewer Standards and Assessments, Ltd. He is a member of the Reid Institute on Interviewing and Interrogation and is al a member of the Loss Prevention Foundation.

Additionally, John is a former Staff Officer with the United States Coast Guard Auxiliary where he was recognized as an Instructor Specialist. Marine Safety and Environmental Protection Specialist, and Assistant Harbor Safety Specialist.

John holds an AA n Criminal Justice from The Community College of Baltimore County, a BA in Business with an emphasis in Accounting from the Notre Dame of Maryland University, and an MS in Forensic Studies from Stevenson University. Additionally, John is a 1987 graduate of the New England Institute of Law Enforcement Management at Babson College.
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