Know your rights

Weingarten Rights

 

Did you ever wonder what your rights are? If you're faced with a meeting that could turn into a investigative disciplinary meeting, you will find the information here very important. They are called Weingarten Rights.

It is your RIGHT to have union representation at such a meeting, and you cannot be told otherwise. You MUST request union representation, management doesn't have to tell you that you're entitled to it. You can request a steward before or during the meeting. You cannot be punished for making this kind of request, it is your legal right! The case of NLRB Vs.Weingarten, Inc. 420 U.S. 251 established these rights for union workers so management cannot tell you otherwise. Printed here is a statement that you can read to management to request a union representative: "If this discussion could in any way lead to me being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Without representation present, I choose not to participate in this discussion."

After you make this request management has three (3) options to choose from:

  • Allow the union to represent you, delaying questioning and allowing for time for the steward to be appraised of the situation by both management and yourself.
  • Reject the request and end the meeting immediately
  • Give you the choice of either having the meeting without representation, or ending the meeting.
You do have a right to consult with your steward before and during the meeting, though the steward may not answer for you, they may clarify your statements if you become unable to answer. Also, a steward cannot lead your answering, though they can again help you express your answers should you become unable to.

If management refuses to allow you union representation during the inquiry then they are committing an unfair labor practice and you may refuse to answer any questions they ask. Also, management cannot punish you for refusing to answer questions in this case.

You can use your Weingarten Rights any time you have a meeting with management that you think could lead to discipline, or when management tells you it will be a disciplinary or investigatory meeting. If you have questions ask a steward/DVP/Officer.

Copyright © CWA Local 1051 2007