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Office of Labor-Management Relations (LMR)

LMR Frequently Asked Questions

Question Answer
1. What is the difference between a Weingarten meeting and formal discussion and what are my requirements? A Weingarten examination is an examination of an employee in connection with an investigation where the employee reasonably believes the examination may result in disciplinary action. A formal discussion is a discussion management has with bargaining unit employees when the topic covers grievances, personnel policies, practices , or other general conditions of employment. In formal discussions, management must invite the Union and give them a chance to attend, whereas with Weingarten meetings management must notify the employee of his/her right to union representation.
2. Should I give the union representative official time or authorized absence for  attending a union sponsored training? If the training agenda has been reviewed and deemed appropriate, management may grant the Union representative official time to attend the training. Authorized absence, or AA, is how we characterize various paid absences, including official time, in the time and leave system. Any time spent  doing union work in a paid status is official time, but captured as AA in the time and leave system.
3. What is a past practice and can I ever change it? A past practice is an unwritten rule or way of doing this that is clear and consistent, longstanding, known and accepted by both parties and conforms to law, contract and regulation. You can change past practices, but only after providing notice to the union and negotiating out of it.