Weingarten Rights

AN EMPLOYEE'S RIGHT TO UNION REPRESENTATION

Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the
interview.

The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be
allowed to speak privately with the employee before the interview.

During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.

While the interview is in progress the representative can not tell the employee what to say but he may advise them on how to answer aquestion. At the end of the interview the union representative can
add information to support the employee's case.

You the employee must enact your Weingarten Rights.

Employees have Weingarten Rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as
a basis for discipline or asks an employee to defend his or her conduct. Our contract provides for additional protection. Under our contract you are permitted a union rep if you are going to be
reprimanded. There doesn't need to be an investigation. I would hope that our members would use this prudently and not call a union
rep every time a supervisor corrects you.

If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. Management is not required to inform the employee of his/her Weingarten Rights; it is the employees' responsibility to know and request.