Progressive Discipline Discipline is normally viewed as a progressive process, not punishment, especially where the issue is failure to perform the assigned job. The intent of progressive discipline is to provide the employee the opportunity to improve performance or correct unacceptable behavior. If management does not follow progressive discipline, the union may make this failure part of its grievance case. In 1975 a Supreme Court decision gave unionized employees the right to have a steward present during a meeting with management when the employee believes the meeting might lead to disciplinary action. This case, known as the Weingarten decision, applies to workers in the private sector.
Most public employees have similar rights but the rules vary from state to state.
Check your state s labor laws or your contract for applicable provisions. Weingarten rules apply when a supervisor is questioning an employee to obtain information that could be used as grounds for discipline. If the supervisor denies the request and continues to ask questions, the employee has a right to refuse to answer. In addition, the supervisor is committing an Unfair Labor Practice. Management is not obligated to inform employees of their Weingarten rights.