Union Representation in a Meeting

Overview

In 1975, the right of employees to have union representation at investigatory interviews was established by the Supreme Court in the case NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689. Since the case involved a clerk being investigated by the Weingarten Company, these rights have been known as Weingarten Rights.

During an investigatory interview, the Supreme Court announced these rules:

Rule 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

Rule 2: After the employee makes the request, the employer must choose from among three options. The employer must either: 1. grant the request and delay questioning until the representative arrives and has a chance to consult privately with the employee 2. end the interview immediately or 3. give the employee a choice of having the interview without union representation.

Rule 3: If the employer denies the request for union representation and continues to ask questions, the employee has a right to refuse to answer.

If you have reason to believe that a meeting with your administrator will result in discipline, you have the right to union representation at that meeting. Management is not required to inform you of your Weingarten Rights so, if needed, you must request it.

If you want additional information or need union representation, please contact Pete McNamara at (858) 752-9757 or at pmcna@sdcoe.net.