Weingarten Rights

International Association of Machinists and
Aerospace Workers Local Lodge 2777

Weingarten Rights

EMPLOYEE'S RIGHT TO UNION REPRESENTATION

The rights of unionized employees to have present a union representative during investigatory interviews were announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten rights.

Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.

If an employee has 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:
(I) it can stop questioning until the representative arrives.
(2) it can call off the interview or,
(3) it can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the employee should always refuse.)

Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview.

The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.

While the interview is in progress the representative cannot tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.

Weingarten Rights Questionnaire

1. A worker is called into the boss’ office in order to be informed that she has received a one-day suspension. She requests that she have a steward attend the meeting. Management refuses to have the steward attend the meeting. Is this a violation of her Weingarten rights?

Yes ____ No ____

2. John is called into the supervisor’s office by his foreman for a discussion of his work record. John’s steward is sick, so John asks that the interview be delayed until his steward returns. Must management delay the interview until John’s steward returns to work?

Yes ____ No ____

3. You are a union steward and are called into the office to discuss your work record. Under Weingarten, are you entitled to a union representative?

Yes ____ No ____

4. A worker was given a written warning about poor attendance and told that she must participate in absence counseling sessions with a member of the human resources department. Can this worker demand the presence of a union steward at the counseling sessions?

Yes ____ No ____

5. You are a steward and notice that a worker is being interviewed in a supervisor’s office. Can you request to attend the meeting?

Yes ____ No ____

6. A worker is called in for an interview regarding a recent accident. The worker requests that a union steward be present. The supervisor refuses to allow the steward to be called in, claiming that he is only trying to get the facts that led to the accident, and continues to question the worker. Can the worker refuse to answer the questions of the supervisor?

Yes ____ No ____

7. A foreman stops by Sheila in order to give her the work assignment for the day. Sheila hates all foremen and tells him that she isn’t saying anything to him without her steward present. Must the foreman provide Sheila with a steward?

Yes ____ No ____

Weingarten Rights
Answer Sheet

1. Not under Weingarten.

In this case the worker is being called in to be given discipline. Therefore it is not an investigatory interview. However, your contract may require that a steward be present when discipline is imposed.

2. No.

Management does not have to delay the investigation if other union representatives are available.

3. Yes.

Just because you are a steward does not mean that you cannot have representation under Weingarten.

4. It depends on whether the worker has a reasonable fear that the counseling could result in further discipline. If notes from the sessions are kept in the worker’s permanent record, or if other workers have been disciplined after counseling sessions, then the worker could reasonably fear that discipline might occur and Weingarten would apply.

5. Yes.

A steward has a protected right to demand admission to a Weingarten interview. Once the request is made, however, the worker must agree to have you in the meeting. Of course, the meeting must meet the tests of Weingarten for the rule to apply.

6. Yes.

According to the NLRB, when a worker is entitled to have a steward present and the employer refuses to allow a steward to be present, the worker can refuse to participate in the interview, even to the point of walking out of the interview.

7. No.

In this case Weingarten doesn’t apply, and Sheila is not entitled to any union representative. However, if she hates all foremen that much, perhaps the union should recruit Sheila to be a shop steward.