Teamsters Local Union No. 436
Teamsters Local Union No. 436
 

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Garrity Rights

In the case of Garrity v. New Jersey, the U.S. Supreme Court determined that public employees could not be forced, under clear threat of discipline, to violate the principles of compulsory self-incrimination.

 

This decision established what have come to be called "Garrity Rights" for public employees.

 

The Garrity rule is similar to Miranda rights for public employees. However, the burden is on the employee to assert their Garrity rights. These rights can and should be asserted whenever and employee believes they are being investigated for possible criminal conduct.

 

Once an employee has asserted their Garrity rights, management must:

 

  • Give a direct order to answer the question;
  • Make the question specific, directly and narrowly related to the employee's duty or fitness for duty;
  • Advise the employee that the answers will not and cannot be used against his/her in a criminal proceeding, nor the fruits of those proceedings; and
  • Allow union representation if the employee also asserts their Weingarten Rights.

 

 






Page Last Updated: Sep 09, 2008 (10:28:08)

Upcoming Events

Feb
14
Mon
General Membership Meeting - All Dates Are Subject to Cancellation Due to Covid-19
Feb 14, 2022
Teamsters Local 436 6051 Carey Drive Valley View, Ohio 44125 216-328-1833 phone
Mar
14
Mon
General Membership Meeting - All Dates Are Subject to Cancellation Due to Covid-19
Mar 14, 2022
Teamsters Local 436 6051 Carey Drive Valley View, Ohio 44125 216-328-1833 phone
Apr
11
Mon
General Membership Meeting - All Dates Are Subject to Cancellation Due to Covid-19
Apr 11, 2022
Teamsters Local 436 6051 Carey Drive Valley View, Ohio 44125 216-328-1833 phone
May
09
Mon
General Membership Meeting - All Dates Are Subject to Cancellation Due to Covid-19
May 09, 2022
Teamsters Local 436 6051 Carey Drive Valley View, Ohio 44125 216-328-1833 phone
Jun
13
Mon
General Membership Meeting - All Dates Are Subject to Cancellation Due to Covid-19
Jun 13, 2022
Teamsters Local 436 6051 Carey Drive Valley View, Ohio 44125 216-328-1833 phone
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Teamsters Local Union No. 436
6051 Carey Drive
Valley View, Ohio 44125
  216-328-1833

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