Your Rights

Meeting with Your Manager?

The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These 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 employeeโ€™s responsibility to know and request.

When the employee makes the request for a union representative to be present management has three options:

  1. It can stop questioning until the representative arrives.
  2. It can call off the interview.
  3. It can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the employee should always refuse).

Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representativeโ€™s right to assist and counsel workers during the interview.

The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.

While the interview is in progress, the representative can not tell the employee what to say but the representative may advise them on how to answer a question. At the end of the interview, the union representative can add information to support the employeeโ€™s case.

On June 15, 2004, The National Labor Relations Board ruled by a 3-2 vote that employees who work in a non-unionized workplace are not entitled under Section 7 of the National Labor Relations Act to have a coworker accompany them to an interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline. This decision effectively reversed the July 2000 decision of the Clinton Board that extended Weingarten Rights to non-union employees.

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Upcoming events

Nov
2
Mon
Organizing Committee Meeting
12:00pm
โ€“ 1:30pm
zoom
This committee is where we plan campaigns, events, collective actions, and membership drives, including our current contract campaign. Org Comm meets monthly via Zoom. Contact the Organizing Officer Ralf Youtz at ralf.youtz@pccffap.org for a calendar invite and zoom link.
Nov
4
Wed
AP Monthly Meet Up
10:00am
โ€“ 11:00am
zoom
The Monthly Meet Up gives space for us to develop shared goals for organizing with our coworkers and bargaining a contract that addresses our issues. Each job class will meet regularly, facilitated by the elected Lead Steward for that group. Any FFAP member is welcome.
Nov
4
Wed
Political and Legislative Action Committee Meeting
2:30pm
โ€“ 4:00pm
Zoom
The Political and Legislative Action Committee (PLAC) vets and endorses candidates for elected office, legislative bills, and ballot measures. The committee also supports endorsed candidates during their campaign and mobilizes members to vote.

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