Weingarten Rights: Your Right to Union Representation
You have the right to union representation if you are called to a meeting with management that could lead to disciplinary action (suspension and/or termination).
Weingarten rights are benefits that are ONLY enjoyed by Union members and were won in a 1975 Supreme Court decision with these basic guidelines:
- You must make a clear request to have your Union Representative present either before or at any point during the interview. Managers and security personnel do not have to, and most often will not, inform employees of this right. When a member exercises their rights to be represented during the interview the results will be much different and there will be no intimidation tactics used during the questioning.
- Management cannot retaliate against an employee who requests representation, however, they may opt to suspend you until a meeting can be scheduled with your Union Representative. As much as that may sound scary or difficult to deal with at that moment it is highly recommended that you do not proceed with the interview without being properly represented. Being represented during the interview is the only way to ensure that it is fair and that you are not misled or disciplined for answering a question that you misunderstood.
- Once you request Union representation management and/or security must cease and delay questioning until the Union Representative can be there to accompany you.
- It is against Federal Law for management to deny an employee’s request for a Union Representative and continue with an interrogation. In this case, an employee can and should refuse to answer management’s questions and peacefully leave the building and contact their Union Representative.