WEINGARTEN RIGHTS:

Simply stated, you have a right to union representation
in the event of possible disciplinary action against you.

If you are called into a meeting which might result in present or future disciplinary action against you - or if such meeting could affect your personal working conditions, you have a legal right to have a union representative present during the questioning. The representative can

• advise you
• ask questions, clarify issues, and make suggestions
• provide additional information at the end of the session
• serve as a 3rd party to take notes so that everyone can recall accurately what was said in the meeting.

If the meeting might result in present or future disciplinary action against you, or might impact your personal working conditions, you should say prior to any discussion of the issues:

"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative, officer, or trustee be present at the meeting. Without representation, I choose not to answer any question. This is my right under a U.S. Supreme Court decision called Weingarten v NLRB."

Or,

"I am invoking my Weingarten Rights."

If your supervisor doesn't understand that or disagrees with that, stand your ground. Remember - you have a legal right to have a union representative present ¹ (see below). Also, you have to speak up about your Weingarten rights. Your employer is not obligated to inform you of these rights.

Your local union can provide you with a wallet-sized card from which you can "read your rights."

However,

• An employee subject to the interview must reasonably believe that the investigatory interview will result in disciplinary action. This applies prior to the meeting, or even after the meeting has begun, if the discussion in the meeting might lead to disciplinary action.
• ¹ If the union representative you prefer is not available, you still need to meet with the supervisor - just bring someone else. Any other chapter member can go with you. If you make a reasonable effort to find help, but no one qualified is available and the supervisor still insists on a meeting, go to the meeting but decline to answer questions until you have the representation to which you are legally entitled.
• Once you have a union representative with you, you must co-operate with your supervisor; you cannot lie or refuse to answer questions. If you refuse to meet, refuse to answer questions, or lie, it can be insubordination and might lead to discipline for that insubordination. In that case, the original issue still has to be resolved.
• A meeting called by the employer for the purpose of informing the employee of the imposition of discipline already decided is not an interview subject to Weingarten rights.

These are legal rights that are there to protect you. As long as you meet your obligations under Weingarten, the law is on your side.

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