Important Phone Numbers
MONTHLY MEETINGS: 3RD THURSDAY @4 PM IN THE UNION OFFICE
MEETINGS FOR THE MONTHS OF MARCH, JUNE, SEPTEMBER & DECEMBER @ 6 PM
Know Your Rights!
If the discussion in this meeting could in any way lead to my being disciplined or terminated or impact on my personal working conditions, I request that my steward, local officer or union representative be present. Without union representation, I choose not to answer any further questions at this time. This is my right under a Supreme Court decision called Weingarten.
In the 1975 case NLRB v. J. Weingarten Inc., the U.S. Supreme Court declared that unionized employees have the right to have a steward present during an investigatory meeting with management when the employee believes the meeting might lead to disciplinary action being taken against him/her. According to the court, these rights arise as a result of the proper functioning of the National Labor Relations Act (NLRA). The rights flow from NLRA §7’s guarantee of the right of employees to act “in concert for mutual aid and protection.” Denial of this right violates NLRA §8(a)(1).
Weingarten rights apply during investigatory interviews when a supervisor questions an employee to obtain information that could be used as grounds for discipline. When an employee believes such a meeting may lead to discipline, he/she has the right to request union representation. These basic Weingarten rights stem from the Supreme Court’s decision:
1. The employee must request representation before or during the meeting.
2. After an employee makes the request, the supervisor has these choices:
a. Grant the request and wait for the union representative’s arrival;
b. Deny the request and end the meeting immediately;
c. Give the employee the choice of (1) either ending the meeting or (2) continuing without representation.
3. If the supervisor denies the request and continues to ask questions, the employee has a right to refuse to answer. The employer may not discipline the employee for such refusal. In addition, the supervisor is committing an unfair labor practice.