What are Weingarten rights?
The U.S. Supreme Court has ruled that union‐represented employees have the right to ask for a union representative during questioning by a supervisor, security personnel or manager if the answers to those questions could reasonably result in discipline or discharge. These rights are called Weingarten rights.
If you are called to an interview of this nature, you must tell the employer that you want a union representative right before or during the interview. The employer does not have to remind you of this right.
If the employer refuses your request and continues to question you, you can refuse to answer. The employer may be guilty of violating labor law and you should consult with your union representative ASAP.
To clarify, MSU Extension employees won these rights when we were recognized as a union. It doesn't matter that we are still negotiating our first contract. These are available to all of us right now.
If you feel that a meeting with management will result in discipline, you can (and should) invoke your Weingarten Rights.
you have the right to request representation during an investigatory interview
The National Labor Relations Act (NLRA) gives employees the right, upon request, to have a representative present during an interview that the employee reasonably believes could lead to discipline. It further protects employees who refuse to submit to certain interviews without the requested representative present.
An employee’s requested representative, which may be a union steward, business agent or officer, or fellow employee, is often referred to as a “Weingarten representative.” Weingarten representatives are entitled to provide advice and active assistance to employees during investigatory interviews.
Employers violate the NLRA if they proceed with an investigatory interview while refusing an employee’s request or retaliate against them for making the request.
When do employees have a right to request a union representative?
An employee’s right to request a representative arises during an investigatory interview. Any meeting may be an “investigatory interview” provided that the following occurs:
A manager, representative of management, or supervisor is seeking to question an employee.
The questioning is part of an investigation into the employee’s performance or work conduct. During an investigatory interview, a representative of management may require an employee to defend, explain, or admit misconduct or work performance issues that may form the basis for discipline or discharge.
The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions.
The employee requests a union representative. Employers are not required to advise employees of their right to representation and third parties (including union representatives) may not make the request on behalf of the employee.
Who may serve as an employee Weingarten representative?
An employee may choose their own representative, who may be a representative of the union or a fellow employee. Employees may not request a non-employee representative unless that individual is an officer or business agent of the employee’s union. For example, an employee may not request a private attorney or a family member as their Weingarten representative if that individual has no affiliation with the employee’s union.
Once an employee requests their representative, they are not required to repeat that request.