Know Your Rights

If an employer (i.e. supervisor) requests a meeting with you and you believe it may result in disciplinary action, everyone who is covered under a union contract has the right to union representation.

Weingarten rights apply during investigatory interviews when an employer questions an employee to obtain information that could be used as grounds for discipline. When an employee believes such a meeting may lead to discipline, the EMPLOYEE MUST MAKE CLEAR THEIR REQUEST for UNION REPRESENTATION BEFORE OR DURING the meeting/hearing/interview, because the EMPLOYER IS NOT OBLIGATED TO INFORM EMPLOYEES OF THEIR WEINGARTEN RIGHTS. The employee CAN NOT be punished for this request. 

After the request, the employer must choose from 3 options:

  1. Grant the request and delay questioning until a union representative can be present. The employee should be given reasonable time to consult their union representative;
  2. Deny the request and end the meeting immediately;
  3. Give the employee a choice of either
    1. ending the meeting, OR
    2. continuing without representation

 

[A printable PDF of the Weingarten Rights will be available soon.]

 

If the employer denies the request and continues to ask questions, this is an unfair labor practice. 

The employee HAS A RIGHT TO REFUSE TO ANSWER and CANNOT BE DISCIPLINED FOR SUCH REFUSAL, BUT IS REQUIRED TO STAY UNTIL THE EMPLOYER TERMINATES THE MEETING. Leaving before this happens may constitute punishable insubordination.

Once the meeting is over, notify a steward, board member, or business representative immediately. Document the violation by writing down the specific dates, times, locations, employers involved, and exactly what occurred. 

 

[A printable/fillable PDF of a pre-disciplinary form and a grievance form will be available soon.]