WEINGARTEN
RIGHTS
Weingarten rights guarantee an employee the right to Union representation
during an investigatory interview. These rights, established by the
Supreme Court, in 1975 in the case of (NLRB
vs. Weingarten, Inc. 420 U.S. 251,
88 LRRM 2689).,, must be claimed by the employee. The
supervisor has no obligation to inform an employee that s/he is entitled
to Union representation.
What is an Investigatory Interview?
An
investigatory interview is one in which a Supervisor questions an employee
to obtain information which could be used as a basis for discipline or
asks an employee to defend his/her conduct. If an employee has a
reasonable belief
that discipline or discharge may result from what s/he says,
the employee has the right to request Union representation.
It is an
obligation of the Union to educate bargaining unit employees about their
Weingarten rights before an occasion to use them arises.
An employee must state to the
employer that he/she wants a Union representative present; the employer
has no obligation to ask: the employee if she/he wants a representative.
Weingarten Rules
When an
investigatory interview occurs, the following rules apply:
Rule
1 - The
employee must make a clear request for Union representation before or
during the interview. The employee can't be punished for making this
request.
Rule
2 - After the
employee makes the request, the supervisor has 3 options. S/he mug either:
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Grant the request and delay the interview until the Union
representative arrives and
has a chance to consult privately with the
employee: or
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Deny the request and end the interview immediately; or
-
Give the employee a Choice of: 1) having the interview
without representation or 2) ending the interview
Rule
3 - If the
supervisor denies the request and continues to ask questions, this is an
unfair labor practice and the
employee has a right to refuse to answer.
The employee cannot be disciplined for such refusal but is required to sit
there until the supervisor terminates the interview. Leaving before this
happens may constitute punishable insubordination.
Union Representative's Rights Under Weingarten
You are
not required to merely be 'silent witness'. You have the right to:
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Be informed by the supervisor of the subject matter of the interview
prior to the interview.
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Take the employee aside for a private conference before questioning
begins. |
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Speak during the interview. |
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Request that the supervisor clarify a question so that what is being
asked is understood. |
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Give employee advice on how to answer a question.
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Provide additional information to the supervisor at the end of the
questioning. |
You do
not have the right to tell the employee not to answer nor, obviously, to
give false answers. An employee can be disciplined for refusing to answer
questions.
A
standard statement to suggest to members is:
"If this discussion could in
any way lead to my being disciplined or discharged, I request that my
Union representative be present at the meeting. Without representation, I
choose not to answer any questions."
IF YOU HAVE ADDITIONAL QUESTIONS CALL THE
OFFICE @ 542-6400
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