Northampton Association of School Employees

  • NASE Calendar
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    • Teacher Contract
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  • Resources
    • Know Your Weingarten Rights
      • Weingarten Rights
    • Employee Grievance Form
    • Sick Bank Leave Forms
  • Employee Assistance Program (EAP)
  • Links
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    • NPS District Calendar
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    • Mass DESE Website
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  • Meeting Minutes
    • Executive Board Minutes
      • March 4, 2024 Meeting Minutes of the NASE Executive Board
      • January 7, 2025 Meeting Minutes of the NASE Executive Board
      • December 3, 2024 Meeting Minutes of the NASE Executive Board
      • November 5, 2024 Meeting Minutes of the NASE Executive Board
      • October 1, 2024 Meeting Minutes of the NASE Executive Board
      • September 3, 2024 NASE Executive Board Meeting Minutes
      • April 2, 2024 NASE Executive Board Meeting Minutes
      • March 5, 2024 Meeting of the NASE Executive Board
    • Executive Committee Minutes
      • March 11, 2025 Meeting Minutes of the NASE Executive Committee
      • February 11, 2025 Meeting Minutes of the NASE Executive Committee
      • December 10, 2024 Meeting Minutes of the NASE Executive Committee
      • November 12, 2024 Meeting Minutes of the NASE Executive Committee
      • October 8, 2024 Meeting Minutes of the NASE Executive Committee
      • September 10, 2024 NASE Executive Committee Meeting Minutes
      • June 11, 2024 NASE Executive Committee Meeting Minutes
      • May 14, 2024 NASE Executive Committee Meeting Minutes
      • April 26, 2023 Annual Meeting of the NASE Membership Minutes
  • Negotiations 2025
    • NASE Initial Proposal 2025
    • School Committee Response
    • School Committee Financial Counter 4/17/2025
  • Photo Gallery
  • Position Statements
    • ESP Bill of Rights
    • NASE on Anti-Racism
    • Statement of Solidarity With Asian and Pacific Islander Communities
    • Charter Expansion
  • Contact the School Committee
  • Paycheck Deduction Codes

Know Your Weingarten Rights

 

“WEINGARTEN RIGHTS” At A Glance

 

Based on a Supreme Court decision: NLRB v. Weingarten, Inc. 420 U.S. 251 (1975), the Massachusetts Labor Relations Commission has adopted these rules.

During a disciplinary interview, an employee has a right to union representation.

This right is triggered by a reasonable belief that discipline (reprimand, suspension or dismissal) might be the outcome of the interview.

The employee must request representation. The request can be made before or during the interview. The employer is under no legal obligation to inform eth employee of this right.

The employee can choose his/her representative, provided that the investigation is not unduly delayed and the choice does not unduly disrupt the employer’s operations.

The employee cannot be punished for asking for a representative.

If an employee asks for representation, the employer has three (3) lawful alternatives:

  1. Discontinue the interview;
  2. Grant the request and delay the interview;
  3. Allow the employee to choose whether to go forward without representation or to discontinue the interview.

If a request for representation is denied, and IF it is truly a Weingarten situation, the employee can arguably refuse to answer questions. However, because the law is complex and changing, it is usually wiser for employees to repeat their request, then cooperate (as minimally as necessary). Labor Relations Board charges can be filed later.

If you are called to a meeting by an administrator:

1) Ask what is the reason for the meeting. (The administrator must tell you the reason for the meeting if asked.)

2) Ask if the meeting could, in any way, lead to you being disciplined.

3) Unless the answer is a clear “No,” state the following:

   “I respectfully request that I have an Association representative at the meeting. Until my representative is present, I choose not to answer any questions.”

Upcoming events

Wednesday, June 25, 2025 - Special School Committee Meeting

Recent Posts

  • December 3, 2025 NASE Executive Board Meeting Minutes
  • September 10, 2024 NASE Executive Committee Meeting Minutes
  • April 2, 2024 NASE Executive Board Meeting Minutes

In the News

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MTA News

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  • Here to Stay & Prouder than Ever!

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