Stewards are the first line of defense
in protecting employees’ rights in the workplace and ensuring that the collective bargaining agreement is enforced.
Below is a comprehensive list of stewards across all worksites.
Adjutant General's Department
Town of Ashland
Banking Commission
Bedford Police
Belknap County
CCSNH (Adjunct faculty and staff)
Coos County Corrections
Department of Administrative Services
Department of Corrections
Department of Natural and Cultural Resources
Department of Education
Department of Environmental Services
Department of Fish & Game
Department of Health and Human Services
Department of Information Technology
Department of Labor
Department of Revenue Administration
Department of Safety
Department of Transportation
Derry Municipal
Exeter Municipal
Franklin Municipal
Hampstead Hospital
Hampton Public Works
Human Rights Commission
Insurance Department
Judicial Branch
Laconia
Littleton Police
Meredith Municipal
New Hampshire Employment Security
New Hampshire Liquor Commission
New Hampshire Racing & Charitable Gaming Commission
New Hampshire Retirement System
New Hampshire Veteran's Home
North Conway Water
Plymouth State University Teaching Lecturers
Office of Professional Licensure and Certification
Rochester Municipal
Salem Municipal
Strafford County
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Weingarten Rights and Stewards
Thanks to a United States Supreme Court decision in NLRB v J. Weingarten (1975), an employee has the right to ask for union representation if he or she believes a supervisory meeting could lead to disciplinary action. These rights are known as “Weingarten Rights” and stewards serve as union representatives. A steward is allowed to be present during a Weingarten interview, which is defined as any meeting between a management official and a bargaining unit member that may lead to disciplinary action even if there is no formal investigation underway.
As a steward, you must inform and educate your members about these rights. It is important for them to understand and remember these rights. Management has no obligation to remind an employee of their Weingarten rights. If an employee does not ask for union representation, they are essentially waiving their right to it.
In regard to investigatory interviews, employers often assert that the only role of union representatives is to observe and, if the representative chooses, take notes. This is not true. The union representative must be allowed to advise and assist the employee. Below is an explanation of these duties along with a list of possible scenarios to offer further guidance on an employee’s Weingarten Rights.
As the SEA representative (steward), your basic rights during an investigatory interview follow:
Note: Weingarten Rights do not apply during a supervisory review of the employee’s work.
- The supervisor or manager must inform the steward of the subject matter of the interview – they must disclose the type of misconduct or violation being investigated.
- The steward must be allowed to have a private meeting with the employee before questioning begins. It also may be possible to “caucus” for private meetings during the interview.
- The steward may speak during the interview, but cannot end the interview.
- The steward may object to a confusing question and may request clarification of the question. It is important that the employee understands what is being asked.
- The steward cannot advise the employee to refuse to answer questions. However, the steward can advise the employee not to answer questions that are abusive, misleading, badgering, or harassing.
- When the questioning ends, the steward can choose to provide management with information explaining or justifying the employee’s conduct. Always discuss this possibility with the employee before the meeting.
Possible scenarios
During a meeting with her supervisor, an employee suddenly feels as though she is being investigated. At that point she asks for her steward. Is it too late?
You see an employee being questioned in a supervisor’s office. Can you ask to be admitted?
An employee requests union representation and is told, “I was going to try to keep this between us, but now that you’ve asked for the union, I have to call the personnel director and you’ll be in deeper trouble.” Is this allowed?
Management asks an employee to submit to a sobriety test. Does Weingarten apply?
A supervisor calls an employee at home to ask questions. Does Weingarten apply?
An employee insists on consulting with a private attorney before being subjected to an investigatory meeting?
Management tells an employee they must use a particular steward?
A steward is being questioned?
An employee asks for a union steward in an investigatory meeting, and management refuses?
An employee refuses to answer questions in an investigatory meeting, even with a union steward there?
An employee is called in to the office to inform on other employees?