Weingarten Rights

Weingarten Rights
•       Weingarten Rights include the right of employees to have union representation at investigatory interviews.
•       An investigatory interview occurs when a supervisor questions an employee to obtain information that could be used as a basis for discipline or asks an employee to defend his or her conduct.
•       Employees can invoke their Weingarten Rights if they have a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation.
•       Management is not required to inform the employee of his/her Weingarten rights; it is the employee’s responsibility to know and request.
•       When the employee makes the request for a union representative to be present, management has three options:
–      They can stop questioning until the representative arrives;
–      They can cancel or reschedule the interview; or
–      They can refuse to cancel or reschedule the investigatory meeting.
•       If the employer refuses to cancel or reschedule the investigatory meeting a member should:
–      Request that the employer sign a statement that the request for union representation is being denied.
–      Take thorough notes during the interview documenting who took part, the date and time and when the request for union representation was made.
–      Contact their union representative immediately after the interview is concluded.


Weingarten Guidelines

  1. The employee must request that a union rep be called into the meeting with management.
  2. Union reps may only be present in meetings when there is a reasonable belief the investigation will lead to disciplinary action.
  3. This right has been extended to polygraph testing and, in some cases, drug testing.
  4. The Court’s decision does not force the employer to interview the employee.
  5. The employee generally has the right to his/her chosen rep or steward.
  6. Rights also applies to group meeting when management confronts more than one employee.
  7. Employees are entitled to information from the employer regarding the subject of the investigation prior to the meeting.
  8. The employee is entitled to consult with his/her union rep prior to the meeting.
  9. Union reps are allowed to request a pre-interview consultation meeting from the employer.
  10. The employer does not have a duty to bargain with the union rep at an investigatory interview.
  11. An employee may refuse to attend an interview where he/she has been denied a shop steward.
  12. The employee is not entitled to a “make whole” remedy for a denial of Weingarten rights.
  13. The employee in the non-union setting is not entitled to representation.