If management calls you into a meeting where discipline or termination could be on the table, you have the legal right to demand union representation. Don't go it alone! Clearly state your need for a representative and contact us immediately. Knowing and using your Weingarten Rights ensures fairness and empowers you in the workplace. You are not alone – your union has your back.

The U.S. Supreme Court has ruled that union‐represented employees have the right to ask for a union representative during questioning by a supervisor, security personnel or manager if the answers to those questions could reasonably result in discipline or discharge. These rights are called Weingarten rights.

If you are called to an interview of this nature, you must tell the employer that you want a union representative right before or during the interview. The employer does not have to remind you of this right.

If the employer refuses your request and continues to question you, you can refuse to answer. The employer may be guilty of violating labor law and you should consult with your union representative ASAP.

When do employees have a right to request a union representative?

An employee’s right to request a representative arises during an investigatory interview. Any meeting may be an “investigatory interview” provided that the following occurs:

• A manager, representative of management, or supervisor is seeking to question an employee.

• The questioning is part of an investigation into the employee’s performance or work conduct. During an investigatory interview, a representative of management may require an employee to defend, explain, or admit misconduct or work performance issues that may form the basis for discipline or discharge.

• The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions.

• The employee requests a union representative. Employers are not required to advise employees of their right to representation and third parties (including union representatives) may not make the request on behalf of the employee.

Once an employee requests their representative, they are not required to repeat that request.

Who may serve as an employee Weingarten representative?

An employee may choose their own representative, who may be a representative of the union or a fellow employee. Employees may not request a non-employee representative unless that individual is an officer or business agent of the employee’s union. For example, an employee may not request a private attorney or a family member as their Weingarten representative if that individual has no affiliation with the employee’s union.

For more information, Visit the national labor relations board website:

https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/weingarten-rights