What Are Weingarten Rights?
Named after a 1975 Supreme Court case (NLRB v. J. Weingarten, Inc.), Weingarten Rights guarantee you the right to have a union representative present during any investigatory interview with your employer that you reasonably believe could lead to disciplinary action. This is a fundamental protection that ensures you don't have to face management alone in a stressful situation.
How to Use Your Rights
You must clearly state that you want union representation. Management is not required to inform you of your Weingarten Rights; you must invoke them yourself. If you are called into a meeting with a supervisor and you fear it may lead to discipline, you should immediately say the following:
"I request union representation. I refuse to answer questions until my union representative is present and I have had a chance to consult with them."
After you make this statement, management has three options:
- Grant your request and delay the interview until a union representative arrives.
- Deny the request and end the interview immediately.
- Give you the choice between continuing the interview without representation or ending the interview.
If they deny your request and continue to ask questions, you should repeat your request and remain silent. They cannot discipline you for invoking this right.
Frequently Asked Questions
When do these rights apply?
Weingarten Rights apply specifically to investigatory interviews. This is a meeting where a supervisor is questioning you to obtain information that could be used as a basis for discipline. They do not apply to everyday conversations, such as receiving instructions or routine performance feedback.
What if I'm not sure if it's an investigatory interview?
When in doubt, it is best to ask. You can say something like, "If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present at the meeting."
What is the role of a steward in the meeting?
The steward is not just a silent witness. They have the right to provide advice, ask for clarification on questions, help you recall facts, and prevent you from making mistakes or being intimidated. They are there to assist and support you.
When in Doubt, Ask for Your Steward!
Your union stewards are trained to protect your rights. If you ever feel uncertain in a meeting with management, it is always best to pause the meeting and ask for representation.
Contact a Steward