Know Your Weingarten Rights!

Union Members have the right to representation whenever subject to questioning.

WEINGARTEN STATEMENT

“If the discussion I am being asked to enter could in any way lead to my discipline or termination or impact my personal working conditions, I ask that a union steward, representative, or officer be present. Unless I have this union representation, I respectfully choose not to participate in this discussion.”

What is an investigatory meeting?

An investigatory interview is a meeting in which a Supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his/her conduct. If an employee has a reasonable belief that discipline or discharge may result from what s/he says, the employee has the right to request Union representation.

Examples of Weingarten Meetings

The purpose of the interview is to elicit facts from the employee to support disciplinary action that is probable or that is being considered, or to obtain admissions of misconduct or other evidence to support a disciplinary decision already made.

The employee is required to explain his/her conduct, or defend it during the interview, or is compelled to answer questions or give evidence.

The purpose of the interview is to investigate an employee’s performance where discipline, demotion or other adverse consequences to the employee’s job status or working conditions are a possible result.

How to Assert Your Weingarten Rights

In such cases, you should ask for a union representative to attend the meeting with you. A representative can be a shop steward or a staff representative from your Local office.

Do not go into the meeting alone unless you are absolutely sure that no discipline will result. Call your Staff Representative or Shop Steward as soon as possible.