Know Your Rights

If you are being questioned by Management, in the absence of Union Representation, state the following before the interview begins:

“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. Without representation, I choose not to participate in this discussion.”

Your Rights Under Weingarten

Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, these rules apply: The employee may request Union representation before or during the interview. After the request, the employer must choose from among three options:

1. Grant the request and delay questioning until Union Representation arrives.
2. Deny the request and end the interview immediately.
3. Give the employee a choice of having the interview without representation. Do not waive your right to representation – it is usually a big mistake.

If the employer denies the request for Union Representation and questions the employee, it commits unfair labor practice and the employee may refuse to answer any further questions.