Weingarten Rights:
Know your rights: The Right to Representation
If you are ever called into an interview meeting with your supervisor or manager so they can investigate a situation which might result in discipline, you have specific representational rights. These rights are summarized below:
- You have the right to have a Union representative present.
- If you want a Union representative there, you must ask for him or her.
- If you do not know why your manager wants to meet with you, ask him/her if it is a meeting that could result in a discipline.
- If your manager refuses to allow you to bring a Union representative, repeat your request in front of a witness. Do not refuse to attend the meeting, but do not answer any questions either. Take notes. Once the meeting is over call your Union representative at once.
- You have the right to speak privately with your Union representative before the meeting and during the meeting.
- Your Union representative has the right to play an active role in the meeting. She or he is not just a witness.
These rights are called "Weingarten Rights" based on a 1975 Supreme Court decision (NLRB vs. J. Weingarten). As with all rights, if we do not use them we lose them.