In 1975 the United States Supreme Court in the case of NLRB v. J. Weingarten, Inc. upheld a National Labor Relations Board decision that employees have a legal right to Union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
The Supreme Court ruled that the following rules apply during an investigatory interview:
Rule 1: The employee must make a clear request for Union representation before or during the interview. The employee cannot be punished for making this request.
Rule 2: After the employee makes the request, the employer must choose from among three options:
- Grant the request and delay questioning until the Union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
- Deny the request and end the interview immediately; or
- Give the employee a clear choice between having the interview without representation, or ending the interview.
Rule 3: 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.
If at anytime you are asked to participate in an investigation or conversation with management ask the following question: “Could this discussion in any way lead to my being disciplined or terminated, or affect my personal working conditions?” If the answer is anything but no, you have a right to Union representation.
Below is a card we encourage you to print and carry with you. This card has this official weingarten statement and a reminder to contact a Steward, Business Representative or the Hall if you are being questioned.