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Weingarten Rights

Exercise Your Rights as Union Members

Employees have the right for a union representative to be with them in meetings that may result in disciplinary action. If you reasonably believe that a meeting with management may result in disciplinary action, you have a right to insist on union representation at that meeting. However, you must invoke those rights by saying: "If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my steward or union officer be present at the meeting. Without representation, I choose not to answer any questions." 

Always Ask for Your Union Rep

Employees must expressly ask for union representation. Employers do not have to offer it. Once requested by the employee, the Union Representative has the right to be present at a meeting.

What Happens Next?

Once an employee requests representation the employer has the option of (1) granting the request and interviewing the employee with a Union representative present; (2) not having any interview at all; or (3) giving the employee a choice between having an interview without representation or not having any interview at all.

What is the Source of this Right?

The National Labor Relations Act (NLRA) Section 7 gives workers the right to act in concert for their mutual aid and protection. The role of the Union Representative is to advocate for the worker during the investigative meeting. Is an unfair labor practice and illegal for management to violate the Weingarten request.

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