Know Your Weingarten Rights

The Right to Representation
If you are ever called into an interview meeting with your supervisor or manager to investigate a situation that might result in discipline, you have specific representational rights. These rights are summarized below:

• You have the right to have a Union delegate present.
• If you want a delegate 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 discipline.
• If your manager refuses to allow you to bring a delegate, 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 delegate at once.
• You have the right to speak privately with your delegate before the meeting and during the meeting.
• Your delegate has the right to play an active role in the meeting. He or she 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.

This statement could save your job:

“If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my delegate be present at the meeting. Without representation present, I choose not to respond to any questions or statements.”