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Weingarten Rights
EMPLOYEE'S RIGHT TO UNION REPRESENTATION
The rights of unionized employees to have present a union
representative during investigatory interviews were announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten,
Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten rights.
Employees have Weingarten
rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to
obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.
If
an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the
employee has the right to request union representation. Management is not required to inform the employee of his/her Weingarten
rights; it is the employees responsibility to know and request.
When the employee makes the request for a union
representative to be present management has three options:
(I) it can stop questioning until the representative arrives.
(2) it can call off the interview or,
(3) it can tell the employee that it will call off the interview unless the
employee voluntarily gives up his/her rights to a union representative (an option the emplovee should always refuse.)
Employers will often assert that the only role of a union representative in an investigatory interview is to observe the
discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during
the interview.
The Supreme Court has also ruled that during an investigatory interview management must inform the
union representative of the subject of the interrogation. The representative must also be allowed to speak privately with
the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object
to confusing or intimidating tactics.
While the interview is in progress the representative can not tell the employee
what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add
information to support the employee's case.
No Weingarten Card?
Make your own by copying the following text, printing it and putting it in your wallet!
"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions,
I request that my ATU Steward or union officer be present at the meeting. Without representation, I choose not to answer any
question. (This is my right under a Supreme Court Decision called Weingarten).
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