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

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 positon, 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.

Areas Covered in the Webinar:

• 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 Rights

Who Will Benefit:

• Managers
• Investigators
• Auditors
• Claims Professionals
• Loss Prevention Professionals
• Fraud Examiners
• Attorneys
• Labor Relations Professionals
• Human Resource Professionals

Instructor Profile:

John E. Grimes III has over 45 years of progressive law enforcement, criminal investigation, fraud examination, loss prevention, leadership, and teaching experience. He began his career with the Baltimore City Police Department where he became a detective in the Criminal Investigation Division (CID). He left Baltimore and became a special agent with the newly created Amtrak Police Department Fraud and Organized Crime Unit. He was then promoted to captain of the CID. In 1993, Mr. Grimes joined the Amtrak Office of Inspector General/Office of Investigations. He was appointed chief inspector in 1999 and retired from service in 2011. Since his retirement his efforts have focused on education, training, and mentoring. He is an adjunct instructor at Stevenson University teaching graduate level courses in forensic interviewing and fraud examination. He is an advisory committee member for the Center for Forensic Excellence at Stevenson University. He is also on the Stevenson University Forensic Advisory Board.

In addition, Mr. Grimes is the proprietor of Fraud and Loss Prevention Solutions. He developed and taught an introductory loss prevention course for Blue Ridge CC in NC. Additionally, he has been a speaker, presenter, and trainer at many ACFE events, as well as government, private, and professional organizations.

Mr. Grimes is the immediate past president of the Maryland Chapter-ACFE. During his term as president, the Maryland Chapter was the honored recipient of the 2015 ACFE Chapter of the Year Award. He has been a Certified Fraud Examiner since 1997. He is also recognized as a Certified Forensic Interviewer by the Center for Interview Standards and Assessments, Ltd. Mr. Grimes is a member of the Reid Institute and the Loss Prevention Foundation. He was a former staff officer with the United States Coast Guard Auxiliary where he was recognized as an instructor specialist and a marine safety and environmental protection specialist.

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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