Weingarten Rights

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As an employee you have the right to have representation present if you believe disciplinary action will be taken against you.  Below is a summary of your Weingarten Rights as stated by the Supreme Court in 1975.

 

What are your Weingarten rights ?

    The essence of your  "Weingarten Rights" is to give you as an employee the opportunity to have a union representative in a situation that may

lead to disciplinary or punitive action against you as the employee. The rationale behind this right  is that you as a single employee

being interviewed might be intimidated and, therefore, may not raise facts in your favor  during a disciplinary interview.        

 

Union representation can make the difference between a positive and negative outcome.

 

When do you need to use your Weingarten rights?

  1. Your supervisor or other management official directs you to attend an investigatory interview. An employee has a right to union representation

  2. in an interview with the employer, if you as an employee reasonably believe that  the investigation can lead to disciplinary action.

  3. When the purpose of any  meeting is to obtain information or facts which may support disciplinary action.

  4. You reasonably believe that discipline might result.

  5. You request union representation at any time during the investigatory interview. After an employee makes the request, the employer must either:

  • grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee;

  • deny the request and end the interview immediately; or give the employee the choice of having the interview without representation or ending the interview.

 
 
Q: When do I have "Weingarten" rights to have a  fellow co-worker present when speaking with a manager? 
A: Anytime you think the manager may question  you about something that you feel you might be disciplined for.


Q: What kind of "communications" does Weingarten apply to? 
A: All kinds: in person, over the telephone, even e-mail.

Q: Does the communication have to occur at work? 
A: No.


Q: When should you "invoke" your Weingarten  rights?
A: As soon as you realize that the manager may be asking you questions about something you could be disciplined for.


Q: Who can you choose to witness the  communication? 
A: Any co-worker you trust who is working.


Q: What can my Weingarten witness do? 
A: First, the witness will hear everything everyone says and may take notes. Second, the witness can make sure that all of  the manager's questions are clear and that you have a chance to answer all  questions in your own words. They can ask the manager to rephrase confusing questions or questions you don't understand. Third, they can make sure that the manager does not abuse or harass you.


Q: What other rights does Weingarten give me? 
A: You can insist that the manager tell you what the interview is about and what kind of discipline might result. If you feel the  need for a break or you want to talk things over with your Weingarten witness, you can take a private break. You also have the right to present your side and make your own defense. 

Q: How can a manager respond to me invoking my Weingarten rights? 
A: The manager can grant your request and  continue with the interview. Or the manager can terminate the communication.


Q: Can the company retaliate against me or the  co-worker I choose to witness the communication?
A: No. If the company retaliates, discriminates  or treats you or your witness any differently, contact the Executive Board immediately.


Q: What should I do if the company denies my  Weingarten rights? 
A: Tell the manager that you do not want to answer any questions until your Weingarten witness is present. If your manager refuses and insists that you answer the questions anyway, inform the manager  that you will answer the questions but only under protest. Tell the manager that  you will file Unfair Labor Practice Charges against the him/her as soon as possible.