Weingarten Rights

If a vague meeting with management lands on your calendar, don’t be afraid to ask questions.

In any investigatory meeting with management that you think may result in disciplinary action, you’re entitled to have a union representative present. Known as Weingarten Rights, this protection was recognized in 1975 with the U.S. Supreme Court’s ruling in NLRB v. J. Weingarten (external – opens in a new window).

In practice, Weingarten Rights could come into play when you get a request to meet with management about your performance or other workplace behavior. As long as you reasonably believe the answers you provide could lead to discipline or other adverse action (like a change in working conditions) by the company, you have the right to ask for a union representative. If you aren’t sure whether a meeting or conversation could lead to disciplinary actions, you can also always ask point-blank: “Could this meeting result in discipline?”

If the meeting has already started and you don’t have a union representative present, you have the right to pause the meeting and not answer any more questions until a union representative can be present.

How do I request a union representative?

To invoke your Weingarten Rights, you can read – or write – the following:

“If my responses to your questions could lead to me being disciplined or terminated, or adversely affect my personal working conditions, I respectfully request a union representative. Until my representative arrives, I choose not to answer any questions.”

Shop stewards and union reps are trained to deal with disciplinary action. During the meeting, they’ll take detailed notes, ask questions and request clarification, prevent harassing or intimidating questions, request breaks when needed, and generally serve as a witness to the conversation.

Once you’ve invoked your Weingarten Rights, the meeting cannot proceed until your request is met.

It’s against the law (external – opens in a new window) for your employer to proceed with an investigatory interview and continue to ask questions after you’ve requested a union representative. It’s also illegal for employers to discipline employees for refusing to answer questions without their union representative present.

Download a “Know Your Weingarten Rights” poster for your union workplace!

Keep your coworkers informed of their rights as union members by printing one (or more) of the WGAE’s Know Your Weingarten Rights posters. Don’t forget to add the names of the Weingarten reps at your shop!