Weingarten Rights:

Our Right to Union Representation

If you are questioned by a supervisor in a way you think may result in discipline, you should assert your “Weingarten” rights by saying you want a Union delegate to be with you. Without representation, you should not answer any questions.
Once you have said that, the boss must:
A. Wait until a delegate arrives, or
B. End the interview, or
C. Tell you that you can voluntarily give up your right to union representation.

The boss may try to get you to sign a “waiver” that says you don’t want Union representation. DO NOT sign this waiver! It will hurt you and weaken union rights for your co-workers.

Sometimes, the boss tries to bully workers or confuse us about our Weingarten Rights. He might say that:
“the investigation is not about you, it’s about someone else.”

“if you don’t have anything to hide you don’t need a delegate.”
 
“this is about your work performance, not about discipline.”

Use your own good judgment. Don’t let the boss bully you!

Make sure your co-workers know:
Always demand a delegate when the boss calls you in for an investigation!




What the Heck is Weingarten?
In 1975, the U.S. Supreme Court ruled that as a union worker, you have a right to have a delegate present during an investigatory interview.  The court case is known as NLRB v. Weingarten.

An “investigatory interview” takes place when: 
     1. The boss questions you to get information, and 
     2. You have a reasonable belief that discipline might result from what you say.

Under the District 1199 State Employee contract, the boss must immediately notify workers of their rights to Union representation (Article 33, Section Eight).  We call this the “better than Weingarten” rule.

But we should never rely on the boss to defend our rights, so when you are called in for a meeting,
the first thing you should do is tell the boss that you want a union delegate to be with you.