KNOW YOUR WEINGARTEN RIGHTS

In 1975, the United States Supreme Court upheld a National Labor Relations Board decision that employees have a right to union representation at investigatory interviews.

These rights have become known as the Weingarten Rights.

During an investigatory interview, the Supreme Court ruled that the following rules apply:

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

Rule 2: After the employee makes the request, the employer must choose from among three options:

• Grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee.
• Deny the request and end the interview immediately; or
• Give the employee a clear choice between having the interview without representation or ending the interview.

Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor PRACTICE, and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

A typical statement to invoke your Weingarten Rights is:

       "If this discussion could in any way lead to me being disciplined, terminated, or affect my personal working conditions, I respectfully request that my union representative, officer or steward be present at the meeting. Without representation, I choose not to participate."

During the interview:

• The Supervisor must inform the Steward of the subject matter of the interview; the type of misconduct being investigated.
• The Steward must be allowed to have a private meeting with the employee before questioning begins.
• The Steward can speak during the interview but cannot insist that the interview be ended.
• The Steward can object to a confusing question during an interview and can request that the question be clarified so that the employee clearly understands what is being asked.
• The Steward can advise the employee not to answer questions that are abusive, misleading, badgering, or harassing.
• When questioning ends, the Steward can provide information to justify the employee's conduct.