Your Rights under Weingarten

Under Federal and State Laws you have the right to union representation when you are called in for a disciplinary interview.  To get Union representation, however, you must have a reasonable belief that you will be disciplined as a result of the interview, and you must request that a Union Representative be present.  (In other words, if you think the answers to the questions the company is asking you will get you in trouble, you have the right to have a Union Rep there, but you have to ask for one.)  You are also entitled to know what the meeting is about, and you are entitled to consult with your Union Representative before the meeting begins.

If you are called for such an interview, read this statement aloud to your supervisor.

"I have reason to believe that this investigatory interview may lead to disciplinary action against me; therefore, in accordance with my rights under Federal and State Statutes, I respectfully request that this interview not begin until (1) my Union Representative is present, (2) I am advised of the subject and purpose of the interview, and (3) I have the opportunity to consult with my Union Representative."

When you ask for representation, the employer must choose from one of these three options:

     1.  Grant the request and delay questioning until the Union Representative arrives:
     2.  Deny the request and end the interview immediately; or
     3.  Give you the choice of (a) having the interview without representation or(b) ending the interview.

If the employer denies your request and continues the meeting, you can refuse to answer the questions.

Also, if the employer attempts to threaten, restrain or coerce you into going along with the interview, contact your Union Representative immediately.

WARNING!  This law doe NOT apply to investigations being conducted by Local, State or Federal Law Enforcement Officers conducting an official investigation.