Know Your Weingarten Rights
What is Weingarten?
An employee may be represented by the union at an investigatory interview with his/her supervisor when the employee reasonably believes that the interview may lead to a disciplinary action. This rule was set forth by the US Supreme Court in 1975 in NLRB v J. Weingarten, Inc. The case involved a clerk being investigated by the Weingarten Company.
“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, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.”
These rights have become known as Weingarten Rights.
An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct. When this occurs, the following rules apply:
1. Request a UNAC/UHCP representative
Management must ensure a Representative is supplied upon request. Management is not obligated to offer union representation.
2. Before you answer any questions, you have the right:
- To know who is your accuser
- To know what specific rule you’re accused of violating
- To review documentation management may have against you
- To have time to confer with your Representative
3. Don’t answer anything if a Representative is not provided, just keep the chair warm.
Why is this important?
The role of Union Rep/Steward is to be an advocate for the employee being questioned.
- Stop the supervisor from misleading, harassing, or abusing the Union member.
- Someone to take notes on what is said and who said it.
- Assist in keeping facts straight.
- A witness to the conversation.