Union members have the right to union representation during any conversation with a supervisor or manager that could lead to discipline.
These rights have been upheld by the U.S. Supreme Court and are known as Weingarten Rights, named after the landmark 1975 case NLRB v. J. Weingarten, Inc.
What to Say to Management
Make sure your rights are respected. If you believe a conversation could lead to discipline, say the following:
“If this discussion could in any way lead to me being disciplined, terminated or affect my personal working conditions, I request that a union steward, business agent or union officer be present at this meeting. Without representation, I choose not to answer any questions.”
Then remain silent. If you proceed, your rights will be waived.
Your Rights Under Weingarten
- You have the right to request a union representative before or during an investigatory interview.
- Management cannot discipline you for making this request.
- If management denies your request and continues the interview, any statements you make may be challenged.
- These rights apply to any meeting that you reasonably believe could lead to discipline, not just formal hearings.