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Weingarten Rights

 

Sample Weingarten Card

“If the discussion in this meeting

could in any way lead to my being

disciplined or terminated, or impact on

my personal working conditions, I request

that my steward, local officer or union

representative be present. Without union

representation, I choose not to answer any

further questions at this time.”

This is my right under a Supreme Court

decision called Weingarten (or cite a state

law).

 

 

 

Weingarten Rights

In the 1975 case NLRB v. J. Weingarten Inc., the U.S. Supreme Court

declared that unionized employees have the right to have a steward

present during a meeting with management when the employee believes

the meeting might lead to disciplinary action being taken against him/

her. This case applies to workers in the private sector. Most public

employees have similar rights, but the rules vary from state to state, so

check your state’s labor laws.

Weingarten rights apply during investigatory interviews when a

supervisor is questioning an employee to obtain information that could be

used as grounds for discipline. When an employee believes such a meeting

may lead to discipline, he/she has the right to request union representation.

These basic Weingarten rights stem from the Supreme Court’s decision:

1) The employee must request representation before or during the meeting.

2) After an employee makes the request, the supervisor has these choices:

a. grant the request and wait for the union representative’s arrival;

b. deny the request and end the meeting immediately; or

c. give the employee the choice of either ending the meeting or

continuing without representation.

3) If the supervisor denies the request and continues to ask questions, the

employee has a right to refuse to answer. In addition, the supervisor is

committing an unfair labor practice.

 

 

 


 

 




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