Weingarten Rights

It is important to not go alone to discussions with employment
supervisors if discipline may develop.

Know Your Rights

From the Supreme Court 1975 decision in the Case of NLRB (National Labor
Relations Board) vs. J Weingarten, Inc. came a "Miranda Warning" and
"Bill of Rights" that apply to all of us when we are being quizzed in an
"investigatory interview" or any other time we are asked questions by
management and discipline might result. The courts rationale is that an
employee being interviewed might be intimidated and, therefore, may not
raise facts in his or her (own) favor during an investigatory interview.
These Weingarten Rights don't apply to a meeting where discipline has been
determined and the meeting is merely to informe employee of the decision.

An investigatory interview occurs when management questions an employee
to obtain information that could be used as a basis for discipline or asks an
employee to defend his or her conduct. You have the right to Union representation
If you reasonably believe the investigation will lead to disciplinary action against you.

FIRST,

You must make a clear request for union representation before or during the
interview. If you don't, in effect you have waived (given away) your Weingarten
rights for that interview.

THEN,

Once you have asked for Union representation, management may choose from
the following options:

1. Grant the request and delay questioning until your union representative arrives
and has a Chance to consult with you privately

2.Deny the request and end the interview immediately.

3.Give you the choice of having the interview without representation or ending the
interview With the investigation continuing.

You MAY NOT refuse to leave the work area until the Union representative arrives.

If you feel your Weingarten Rights are being violated, don't be insubordinate,
but write down all the particulars of the situation (those of the "incident" itself
and the "interview" date, time, and who denied your right etc.).
Give this information to your Local Chairperson.