Being Asked Questions That Could Lead to Discipline?
Know Your Weingarten Rights
Important: Weingarten Rights apply only to employees who are members of a collective bargaining unit.
If you believe a meeting with management or administration could result in discipline (legally called an “investigatory interview”), you have the right to request that a union representative be present.
These protections are known as your Weingarten Rights, established by the U.S. Supreme Court case NLRB v. Weingarten (February 19, 1975).
Rule #1. You Must Clearly Request Representation
The U.S. Supreme Court has ruled that union‐represented employees have the right to ask for a union representative during questioning by a supervisor, security personnel or manager if the answers to those questions could reasonably result in discipline or discharge.
What You Need to Know
You must request union representation before or during the interview.
Your employer is not required to remind you of this right.
Once you make the request, you do not need to repeat it.
You do not need to mention "Weingarten"; simply say "I want my union representative here.
After you request union representation you can refuse to answer any questions
Contact your union representative as soon as possible
What Your Union Representative Can Do
- Meet privately with you before the interview
- Speak during the interview to help clarify facts
- Object to abusive or harassing accusations
- File an unfair labor practice charge if your rights have been violated
The employer cannot punish you for exercising your Weingarten rights.