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KNOW YOUR RIGHTS
What Are Weingarten Rights?
The right of employees to have union representation during investigatory interviews was announced by the U.S. Supreme Court in a 1975 decision, (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). That right to representation is known as Weingarten rights.
An investigatory interview occurs when management questions an employee to obtain information which could be used as a basis for disciplinary action. If an employee has a reasonable belief that discipline or other adverse consequences may result from the interview, the employee has the right to request union representation. Management is not required to inform the employee of their Weingarten rights; it is the employee’s responsibility to know their rights and make the request.
EMPLOYEE RIGHTS
Under the Supreme Court’s Weingarten decision, the following rules apply to investigatory interviews:
The employee can request union representation before or at any time during the interview.
When an employee asks for representation, management must choose from among three options:
Grant the request and delay questioning until the union representative arrives;
Deny the request and end the interview immediately; or
Give the employee a choice of:
having the interview without representation or
ending the interview.
If management denies the request for union representation and continues the meeting, an unfair labor practice has been committed and the employee can refuse to answer questions. The employee can not be disciplined for refusing to answer question.
STEWARD RIGHTS
Employers sometimes assert that the only function of a steward at an investigatory interview is to observe the discussion; in other words, to be a silent witness. This is incorrect. The steward must be allowed to advise and assist the employee in presenting the facts.
(If you are called to a meeting with a management, state the following to management when the meeting begins.)
“If this discussion could in any way lead to me being
disciplined or terminated, or affect my personal
working conditions, I respectfully request that my
union representative, officer or steward be present at the meeting.”
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