Weingarten Rights

KNOW YOUR RIGHTS

 

The U.S. Supreme Court has ruled that a Union Steward is entitled to be present at an investigatory meeting between an employee and management if the employee reasonably believes that a disciplinary action might result. The Court in the Weingarten case determined that this right arises only in situations where the employee requests representation and does not apply to such conversations as when a supervisor gives instructions or needed corrections of work techniques.

In subsequent decision, the Courts and the National Labor Relations Board have ruled that an employee is entitled to consult with a Union Shop Steward before the investigatory interview; that a Union cannot invoke the employee’s Weingarten rights, and that only you can assert this right. An employee does not have a right to Union representation if the decision to issue discipline has already been made and the purpose of the meeting is to issue and explain that discipline.

There must be reasonable probability of discipline resulting from the interview. If the purpose of the interview is merely to hand you a warning already drafted and not to conduct an interview, which might lead to that warning, you would be subject to discipline for insubordination.

 

THEY ARE YOUR RIGHTS BUT YOU MUST ASK FOR THEM