​A UNION MEMBERS BEST FRIEND- WEINGARTEN RIGHTS

Early in my retail career I attended a Union meeting and learned that a Union member has a federal right to have a Union representative present if they are being questioned and believe they could be suspended or terminated.  This one Union meeting saved my job, and it could save your job too.   

​Weingarten rights guarantee “that a union employee has the right to have a union representative present during an investigatory interview with management, if the employee reasonably believes the interview could lead to disciplinary action.”  These rights are named after the 1975 U.S. Supreme Court case NLRB v. J. Weingarten, Inc.

Key Rules and Procedures

• Employee must request representation: An employee must clearly request a Union Representative.  It is important to know that the law does not require management to notify you of your right to have a Union Representative present.  Also, if management can persuade or convince the worker they do not need a union representative, the worker gives up this right.  You need to tell those strangers who have called you into the office, “I am not refusing to answer your questions, but before I do I want a Union Representative present.”  Do not answer any more questions, as you are now a broken record, “I am not refusing to answer your questions, but before I do I want a Union Representative present.” 
• When rights apply: Weingarten rights apply to "investigatory interviews" where an employee is questioned about conduct they believe could lead to suspension or termination. They do not cover discussions or meetings simply to deliver discipline.  If you are called to the office and presented a write-up, this is not investigatory, because the discipline has already been decided.  Sign the write-up and contact your Union Representative and continue working.  If you are being questioned to decide what course of action they are going to take, that is investigatory. 
• Employer's options upon request: If an employee requests a representative, the employer can either grant the request and allow you to go back to work until a Union Representative arrives, end the interview and place you on a short suspension until the Union Representative arrives, or try to talk you into doing without your Union Representative. 
• Consequences of denial: Denying a request and continuing questioning is an unfair labor practice, providing you do not start answering questions, because then you give up your right.  You cannot be disciplined for refusing to answer questions, provided you continually repeat, “I am not refusing to answer your questions, but before I do I want a Union Representative present.”

​Your Local Union has your Weingarten rights printed on the back of your Union Representative's business card, so pull it out and read it out loud.   We always see investigations more favorable for the employee when a Union Representative is present before you start answering questions that may result in you being suspended or terminated.