These basic rights apply to all public employees.
Weingarten Rights apply to the right of a unionized employee to request union representation for any investigatory interview conducted by their employer, in which the employee has the reasonable belief that the discussion could lead to disciplinary action. These rights are based on the 1975 United States Supreme Court decision NLRB v. J. Weingarten Inc.
Garrity Rights apply to the right of a public employee not to be compelled to incriminate themselves by their employer. These rights are based on the 1967 United States Supreme Court decision Garrity v. New Jersey. Garrity Rights apply only to public employees, because they are employed by the government itself.
Therefore, Bargaining Unit Member should attach the following disclaimer to all written memos (i.e. Dear Chief) and letters:
“It is my understanding that this report is made for internal administrative purposes only. This report is made by me after being ordered to do so by my supervisor. It is my understanding that refusing to provide this report could result in my being disciplined for insubordination up to and including termination of employment. This report is made pursuant to that order and the potential discipline that could result for failing to provide this report.”
Page Last Updated: May 11, 2018 (11:34:18)