KNOW YOUR RIGHTS!!

When to Ask for a Union Representative — Weingarten Rights

The rights of employees to have a union representative present during investigatory interviews was announced by the U. S. Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc.  This case involved a clerk in the Weingarten Company, and the rights have become known as the Weingarten Rights.

Employees have Weingarten rights only during investigatory interviews.  An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline, or asks an employee to defend his or her conduct.  If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation.

MANAGEMENT IS NOT REQUIRED TO INFORM THE EMPLOYEE OF HIS/HER WEINGARTEN RIGHTS; IT IS THE EMPLOYEE’S RESPONSIBILITY TO KNOW AND REQUEST REPRESENTATION!!

Under the Supreme Court’s “Weingarten Decision,” when an investigatory interview occurs, the following rules apply:

RULE 1

The employee must make a clear request for union representation before or during the interview.  The employee cannot be punished for this request.

RULE 2

After the employee makes the request, the employer must either:

1.  Grant the request and delay questioning until the representation arrives and has a chance to consult privately with the employee, or

2.  Deny the request and end the interview immediately, or

3.  Give the employee a choice of having the interview without union representation, or

4.  End the interview.

RULE 3

If the employer denies the request for union representation and continues to ask questions, it commits an unfair labor practice, and the employee has the right to refuse to answer questions.  The Weingarten Rights state that:

1.  I have the right to a union representative.

2.  I have the right to know the topic of the meeting before participating.

3.  I have the right to consult with a union representative prior to meeting

with management.

4.  I have the right to remain silent until my union representative is

present.

5.  I have the right to express my rights.

 

AT&T Core – 2017 Labor Agreement

Article XX – Union Representation

Page 92

At any meeting between a representative of the Company and an employee in which discipline (including warnings which are to be recorded as such in the personnel file, suspension, demotion, or discharge) is to be announced, a Union representative may be present if the employee so requests.  Time spent in such a meeting shall be considered work time.

 

AT&T Mobility – 2020 Labor Agreement

Article 17 – Section 3 – Company-Union Relationship

Page 24

At any meeting between a representative of the Company and an employee in which discipline (including warnings which are to be recorded as such in the personnel file, suspension, demotion, or discharge) is to be announced, a Union representative may be present if the employee so requests.  Time spent in such a meeting shall be considered work time.

 

Helena Laboratories – 2020 Labor Agreement

Article 8 – Section 8.03 – Union Representation

Page 9

At any meeting between a representative of the Company and an employee in which discipline (including warnings which are to be recorded as such in the personnel file, suspension, demotion, or discharge) is to be announced, the bargaining unit member may elect to have Union representation provided the representation is timely and doesn’t interfere with the immediacy of said discipline nor the working environment.  Time spent in such a meeting shall be considered work time.