Weingarten Rights

Know Your Rights:

The Right to Representation

If you are ever called into an interview meeting with your supervisor or manager so they can investigate a situation which might lead to discipline, you have specific representational rights. These rights are summarized below:

  1. You have the right to have a Union representative present
  2. If you want a Union representative, you must request for it
  3. If you do not know why your manager wants to meet with you, ask him/her if it is a meeting that could lead to discipline
  4. If your manager refuses to allow you to bring a steward, repeat your request in front of a witness. Do not refuse to attend the meeting, but do not answer any question either. Take notes and call a Union representative once the meeting is over.
  5. You have the right to speak privately with your Union representative before the meeting and during the meeting.
  6. Your Union representative has the right to play an active role in the meeting.

These rights are called “Weingarten Rights based on a 1975 Supreme Court decision (NLRB v. J. Weingarten). As with all rights, if we do not use them we lose them.

This statement could save your job:

“If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my steward be present at the meeting. Without representation present, I choose not to respond to any questions or statements.”

Comments are closed.