If you believe a meeting with management or administration could result in discipline, you have the right to request union representation. This is known as your Weingarten Rights, established by the U.S. Supreme Court in NLRB v. Weingarten (1975). These rights apply to employees represented by a collective bargaining unit. When Do Weingarten Rights Apply?
A meeting may be an investigatory interview when:
- A supervisor, manager, or other management representative asks you questions.
- The questions concern your performance or conduct.
- You reasonably believe the meeting could result in discipline or another adverse employment consequence.
- You request union representation.
The employer is not required to inform you of your Weingarten Rights, and your union representative cannot make the request on your behalf. You must clearly request representation yourself.
How to Invoke Your Rights
If you believe a meeting could lead to discipline, clearly state:
“If this discussion could lead to discipline or affect my working conditions, I request that my union representative be present. Until my representative arrives, I do not wish to participate in the discussion.”
You may also simply say, “I want my union representative present.” You do not need to use the term “Weingarten,” and you do not need to repeat your request.
If your preferred representative is unavailable within a reasonable period, an alternative union representative will be provided.
What Happens After You Request Representation?
Once you request a union representative, the employer may:
- Grant your request and postpone the interview until your representative arrives and has an opportunity to meet privately with you.
- End the interview rather than provide representation.
- Give you the choice of continuing without representation or ending the interview.
If the employer denies your request and continues the interview, contact your union immediately.
Do not refuse to attend the meeting. If you have requested representation and the employer proceeds with questioning without your representative, you may remain silent until the supervisor ends the meeting. Leaving the meeting without permission could, in some circumstances, result in discipline.
What Can Your Union Representative Do?
Your representative may:
- Meet privately with you before the interview.
- Be informed of the subject of the interview.
- Participate in the discussion.
- Ask questions and seek clarification.
- Help explain the circumstances.
- Object to inappropriate, abusive, or harassing questions.
NMU AAUP/AFT
The NMU AAUP/AFT represents members of the bargaining unit, regardless of whether they pay union dues, and is obligated to assist bargaining-unit members without prejudice.
If you are called to a meeting with administration and believe it may be investigatory or disciplinary, clearly request union representation before answering questions.
If your Weingarten Rights are violated, contact the union immediately. The union can determine whether an unfair labor practice charge with the National Labor Relations Board (NLRB) is appropriate.
The employer may not discipline you for exercising your Weingarten Rights.