Weingarten Rights

As a union member, you have a right to representation in disciplinary proceedings.

If you believe a conversation with a supervisor or manager could lead to discipline or dismissal, you have the right to bring in a union co-worker to act as your representative.

Rule 1: You must make a clear request for union representation before or during the interview. You cannot be punished for this.

What to say:

“If there’s any chance this discussion could lead to discipline, I’d like to have my union representative present. Without representation, I choose not to answer questions. These are my Weingarten rights.”

Rule 2: Management may delay the interview until your representative can join or deny the request and end the interview.

Rule 3: If the interviewer denies your request and continues asking you questions, you have the right to refuse to answer. You cannot be punished for this.

More about Weingarten rights

Weingarten rights guarantee an employee the right to union representation during an investigatory interview. The employee must claim these rights, established by the Supreme Court in 1975 in the case of J. Weingarten Inc. The supervisor has no obligation to inform an employee of their right to union representation.

An employee has NO right to the presence of a union representative where:

● The meeting is merely for the purpose of conveying work instructions, training, or communicating needed corrections in the employee's work techniques.

● The employee is assured by the employer before the interview that no discipline or employment consequences can result from the interview.

● The employer has reached a final decision to impose certain discipline on the employee before the meeting, and the purpose of the meeting is to inform the employee of the discipline or to impose it.

● Any conversation or discussion about the previously determined discipline which is initiated by the employee and without the employer’s encouragement or instigation after the employee is informed of the action.

Even in the above four circumstances, the employee can still ask for representation. Employers can permit a representative to attend even if it is not legally required.