Know Your Rights: Representation

Interrogation Rights Statement

If you are called to a meeting which could lead to discipline, you may use the following statement (you can also find this statement on the back of your Union Representative’s business card):

“I understand that this proceeding is for the purpose of investigating whether I may receive discipline. Therefore, I request that a Union representative be present on my behalf before this proceeding continues. If you insist that the proceeding continue without allowing me Union representation, I hereby protest your denial of rights guaranteed to me under federal labor law.”
(AA.2)0524.55

As a union member, you have certain legal rights to on-the-spot representation in any situation involving actual or potential disciplinary action. It’s something every Steward and every member should know.

Imagine a situation where a union member is asked to report to the manager’s office. The manager fires off a question. The member asks: “Could this meeting lead to discipline?” The manager says, “Maybe.” The member responds, “I want to see my Steward before I answer!”

This is called your Weingarten Right, named after a 1975 U.S. Supreme Court case called “NLRB v. J. Weingarten.” In this case, the Supreme Court ruled that all employees working under a union contract have the right to ask for union representation when a supervisor or boss asks for information that could be used as the basis for discipline.

Your employer is not required to ask if you want a Union Representative, Steward, or coworker present at any investigative or disciplinary meetings. You must tell your employer that you wish to have a Union Representative, Steward, or coworker present at the meeting and that you do not wish to continue until you have representation. Here your employer has three choices:

  1. Stop the meeting
  2. Summon a Steward, Union Representative, or coworker and continue the investigation
  3. Stop the meeting until a Union Representative can arrive and participate

Don’t be surprised if you are not allowed to work until such time. Your Union Representative will assist you in getting paid for missed time.