Know Your Rights: an Introduction to Weingarten

​If you find yourself in an investigatory meeting and management begins to ask questions that you believe could lead to disciplinary action, you have the right to invoke your “Weingarten Rights.” Weingarten Rights allow bargaining unit employees (like you) the right to have their union representative present during an interview or questioning if you make a clear request for union representation.

However, statement/questions such as “I’m here without representation” or “Do I need union representation?” do not qualify as requests for a union representative. Also, be aware that management has no obligation to advise you of your rights either immediately before or during questioning. Their only obligations are to notify you of your Weingarten Rights at least once per year and to respect your request for union representation when/if you invoke it. It is up to the employee (you) to call for a pause to a meeting to invoke your Weingarten Rights when you feel it is necessary. Also note that simply invoking your rights for a union representative cannot be grounds for discipline or dismissal.

Once you have invoked your rights to have a union representative present, the employer must either grant your request, terminate the interview, or obtain your permission to continue without your union representative present. Prior to the investigatory meeting resuming, the employer also must allow your union representative a pre-interview conference with you. Your union representative can then provide “advice and assistance” during the investigatory interview once it resumes.