Your Rights

Weingarten Rights
We have rights! Because of the 1975 U.S. Supreme Court case, NLRB v. Weingarten, Inc., the court ruled that all workers have the right to union representation when a supervisor or employer asks for information that could be used as the basis for discipline. Weingarten rights can be a powerful tool to help defend ULTCW members' rights. But remember, these rights are worthless if you don't enforce them on the job!

When it comes to your Weingarten rights, your employer has no duty to tell you about your rights, so it's up to you to know them!

WHAT YOU NEED TO KNOW:

If you are ever called into an interview meeting with your supervisor so he or she can investigate a situation which might result in discipline, you have specific representational rights:

• You have the right to have a union representative or steward present.
  

• If you want a union representative there, you must ask him or her.

• If you do not know why your manager wants to meet with you, ask him or her if it is a meeting that could result in discipline.
  

• You have the right to speak privately with your union representative before and during the meeting.
  

• If your manager refuses to allow you to bring a union representative, repeat your request in front of a witness. Do not refuse to attend the meeting, but do not answer any questions either. Take notes. Once the meeting is over, call your union steward at once!

• You steward has the right to play an active role in the meeting. He or she is not just a witness.
  

FREQUENTLY ASKED QUESTIONS:

Can I have a steward present at any meeting I have with management?
No, only when you have a reasonable belief that discipline will result from an investigatory meeting.

An employee is summoned to an interview with his supervisor and asks for his steward. In response, the supervisor says, "You can request your steward, but then I have to bring in the administrator, and you know how tempermental she is. If we can keep this at the level we're at, things will be a lot better for you." Is this a violation?
Yes. The supervisor is threatening greater discipline to coerce the employee into abandoning his Weingarten rights. This is an unfair labor practice.

No. Weingarten Rights DO NOT apply to meetings where employers simply announce discipline. However, if the employer starts asking questions or tires to make the employee admit guilt, Weingarten would apply and the employee can insist on the presence of a steward or other union representative before answering.

If a steward is out sick or on vacation, can the worker insist that the interview be delayed until the steward is available?
No. if a union steward is not available, another steward can be substituted. However, if the employer is reason the steward is unavailable, the supervisor must end the meeting until your steward is available.

Over the weekend, a supervisor calls a worker at home to ask questions about missing supplies. Does the worker have to answer the question?
No. Weingarten rights apply to telephone interviews. A worker who fears discipline can refuse to answer questions until she has a chance to consult her steward.