Know your rights as a Union member!

In 1975 the United States Supreme Court, in the case of NLRB (National Labor Relations Board) vs. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a NLRB decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.

During an investigatory interview, the Supreme Court ruled that the following rules apply:

The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

After the employee makes the request, the employer must choose from among three options.

• Option 1: The employer must either; grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee;
• Option 2: deny the request and end the interview immediately;
• Option 3: or give the employee a choice of having the interview without representation or ending the interview.

If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

So remember, if you are called to a meeting with management, you have a right to say: "If this discussion could lead in any way to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer or steward be present at the meeting. Without representation, I choose not to answer any questions."