Weingarten Rights

“Weingarten Rights” guarantee an employee the right to Union representation during an investigatory interview. These rights were established by the Supreme Court, in 1975 in the case of (NLRB vs. Weingarten, Inc. 420 U.S. 251. 88 LRRM 2689).

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.

If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request the presence of a Union representative. It is the employee’s responsibility to know and request the presence of a Union representative.

After the employee makes the request, the supervisor must either:

• 1. Grant the request and delay the interview until the Union representative arrives and has a chance to consult privately with the employee.
  2. Deny the request and end the interview immediately.
  3. Gain the permission of the employee to continue with the interview without the presence of a Union Representative.

If the supervisor denies the request to delay the interview until a Union representative arrives and attempts to continue the interview without gaining the permission of the employee to do so, this is an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

Exercising your Weingarten Rights

• 1. Establish whether you are involved in an investigatory interview – If a supervisor requests to question or interview you, ask if this might lead to you being disciplined. It is your right to know the subject of the interview before the interview begins.
     
     
  2. If so, notify your supervisor that you are exercising your Weingarten Rights – Tell your supervisor that you want a union representative present before you will proceed with the interview. See example below for how to phrase your request:
     
     “If this discussion could in any way lead to my being disciplined, terminated, or in any way affect my working conditions, I request that a union representative be present at the meeting. This is my right under a U.S. Supreme Court decision called Weingarten.”
     
     
  3. Contact your Union – Click here to get in contact with a union representative. Be sure to provide your representative with any details you know about your supervisors request to interview you in a private consultation before you and your Union representative re-enter the interview.

If your supervisor refuses to acknowledge your Weingarten Rights, be sure to refuse to answer any questions until the Supervisor suspends the interview.