What are my rights?
If you are ever called into an interview meeting with your supervisor or manager so they can investigate a situation which might result in a discipline, you have specific representation rights. These rights are known as the Weingarten Rights.
Weingarten Rights
Weingarten rights provide employees with the right to union representation during a disciplinary meeting or a meeting that an employee reasonably believes might lead to disciplinary action. To exercise your Weingarten rights, you must make a clear request for union representation before or during the interview. An employer cannot discipline you for requesting union representation.
After you ask for union representation, your employer can either: 1) grant the request and delay the interview until union representation arrives; 2) deny the request and immediately stop the interview; 3) provide you with the option to either continue the interview without union representation or to stop the interview; and 4) pledge that no disciplinary action will result from your answers and continue the questioning.
Unless the employer offers the pledge, it is unlawful for an employer to deny your request for union representation and then insist on continuing with the interview. If an employer continues asking questions after you have requested union representation, you have the right to refuse to answer any further questions. However, if the employer has pledged that no disciplinary action will result from your answers, you must answer the questions.
If you are in a meeting that you believe might lead to discipline, you should say:
“If this discussion could in any way lead to my being disciplined or terminated, I request that my steward or union officer be present at the meeting. Without representation, I choose not to answer any questions.”
