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.
You should always ask for a Union Representative at investigation meetings with management.