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⚖️ Know Your Weingarten Rights
Weingarten Rights guarantee an employee the right to union representation during an investigatory interview. These rights come from the 1975 U.S. Supreme Court case NLRB v. J. Weingarten, Inc.
When Do These Rights Apply?
You have the right to request union representation when:
- Management asks to meet with you
- The meeting could lead to discipline
- You reasonably believe the meeting may result in disciplinary action
What Should You Do?
If called into a meeting that you believe could result in discipline, read or state the following:
"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present at this meeting. Until my representative arrives, I choose not to participate in this discussion."
Your Rights
- You must ask for representation — it is not automatic
- Management cannot retaliate against you for requesting representation
- If denied representation, you may refuse to answer questions
- Your representative can actively assist you during the interview
- Management must delay questioning until your representative arrives
Remember
These rights apply only to investigatory interviews — not to conversations where you are simply being informed of discipline that has already been decided, or to routine work instructions.
When in doubt, request representation. It's always better to have your union steward present.