Weingarten Rights
In the 1975 case NLRB v. J. Weingarten Inc., the U.S. Supreme Court declared that unionized
employees have the right to have a steward present during a meeting with management when the employee believes the meeting might lead
to disciplinary action being taken against him/her. This case applies to workers in the private sector. Most public employees have
similar rights, but the rules vary from state to state, so check your state’s labor laws.
Weingarten rights apply during investigatory
interviews when a supervisor is questioning an employee to obtain information that could be used as grounds for discipline. When an
employee believes such a meeting may lead to discipline, he/she has the right to request union representation. These basic Weingarten
rights stem from the Supreme Court’s decision:
1. The employee must request representation before or during the meeting.
2. After
an employee makes the request, the supervisor has these choices:
a. grant the request and wait for the union representative’s arrival;
b. deny the request and end the meeting immediately; or
c. give the employee the choice of either ending the meeting or continuing without
representation.
3. If the supervisor denies the request and continues to ask questions, the employee
has a right to refuse to answer. In addition, the supervisor is committing an unfair labor practice.
