Your Weingarten Rights
In 1975, the U.S. Supreme Court ruled in the Weingarten decision that an employee is entitled to have a union representative present during any interview which may result in his or her discipline. It is up to you to insist on union representation. If you fail to do so, you may waive your rights.
If you are called into a meeting with any management representative and have reason to believe that disciplinary action may result, read them your Weingarten rights:
“If this discussion, meeting or telephone call could in any way lead to my being disciplined or terminated or affect any of my working conditions, I exercise my federal rights and respectfully request that my union representative or shop steward be present at this meeting.
Without representation, I choose not to participate in this discussion or meeting and choose not to answer any questions.”
You have the right to union representation if you are called to a meeting with management that could lead to discipline.
Weingarten rights basic guidelines:
- You must make a clear request for union representation either before or during the interview. Managers do not have to inform employees of their rights.
- Management cannot retaliate against an employee requesting representation.
- After the employee makes the request, the Management must grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee or deny the request and end the interview immediately.
- It is against Federal Law for management to deny an employee’s request for a representative and continue with an interrogation. In this case, stay in the room, take notes and do not respond to any questions. The employee cannot be disciplined for such refusal but is required to sit there until management terminates the interview. Afterwards, Contact your union representative immediately
- If you have any questions about your Weingarten rights, call your Union Representative at 1-208-367-9305.