THE WEINGARTEN RULES
YOUR RIGHTS TO – UNION REPRESENTATION
Printed below are the Weingarten Rules, or more plainly stated, your LEGAL RIGHTS to UNION REPRESENTATION. If you believe that a discussion with management, at any time before or during the discussion, could possibly result in disciplinary action against you, now or in the future, the following information applies. If you have ANY problem exercising your rights with management, this should be reported immediately to your Steward.
Under the U.S. Supreme Court’s Weingarten decision, when an investigatory interview occurs, the following rules apply:
Rule 1: The employee MUST make a “CLEAR REQUEST”, (such as, “I WANT UNION REPRESENTATION BEFORE WE CONTINUE”) 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:
a. Grant the request and delay questioning until the Union Representative arrives and has a chance to consult privately with the employee; or
b. Grant the request and end the interview immediately; or
c. Give the employee a choice of: (1) having the interview without representation (DO NOT ACCEPT THIS OPTION!); or (2) ending the interview.
Rule 3: If the employer denies the request for Union Representation, and continues to ask questions, it (your employer) COMMITS an UNFAIR LABOR PRACTICE and the employee has the RIGHT TO REFUSE TO ANSWER. The employer may NOT discipline the employee for such a refusal.
IF IN DOUBT, ASK FOR UNION REPRESENTATION