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Weingarten Rights

Weingarten Rights

It is your responsibility to be aware of your rights as a union member. One important federal labor law is called the Weingarten Act. If you are ever asked to meet a supervisor, and you believe that you may be disciplined in the meeting, you should quote this passage:


"I believe this discussion could lead to my being discipline. I therefore request that my Union representative or officer be present to assist me at this meeting. I further request reasonable time to consult with my Union representative regarding the subject and purpose of the meeting. Please consider this to be a continuing request; without representation, I shall not participate in the discussion. I shall not consent to any searches or test affecting my person, property, or effects without first consulting my Union representative."

However, after declaring your Weingarten rights, you must not be insubordinate. If you are ordered to attend the meeting, do so. If it results in harm to you, file a grievance. If you have any questions about your Weingarten rights, talk to your Union representative.

 

In 1975 the U.S. Supreme Court ruled, in the Weingarten decision, that an employee is entitled to have a union representative present during any interview which may result in his or her discipline.

It is up to you to insist on union representation.  If you fail to do so, you may waive your rights.


Do the following:

  1. Ask your supervisor if you might be disciplined as a result of the interview.  If he says "NO", ask for a written statement to that effect.  If he gives you such a statement, you must participate in the interview.  If not, read him your Weingarten Rights, remain for the meeting, take notes, and afterwards immediately contact your union representative. 

  2. If he says you might be disciplined but will not allow you to have a union representative present, read him your Weingarten Rights, stay in the room, take notes, and do not respond to any questions. Afterwards, contact your union representative immediately.  If he allows your union representative to be present, you should participate in the interview.





Page Last Updated: Apr 06, 2015 (14:01:20)
 
 
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