Weingarten Rights

Know your rights! It could save your job.

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Know your rights

As a United Public Workers member, you are entitled to a number of rights including one known as Weingarten Rights.

What are Weingarten Rights? If you are ever called into a meeting with your supervisor or manager to discuss an investigation that could lead to disciplinary action against you, Weingarten Rights allows you the right of representation by a Union Steward or Union Representative at the meeting.

To exercise this right, you MUST inform your employer that you want your Union Steward or Representative to be present at the meeting. The following statement could save your job:

 

“I believe this discussion may lead to my being disciplined. Therefore, I request a Union Representative to be present at this meeting. I further request reasonable time to consult with my Union Representative on the subject and purpose of the meeting. This is a continuous request; without representation, I shall not participate in the discussion. Further, I do not consent to any searches or tests before consulting with my Union Representative.”

The Weingarten Rights are based on a 1975 Supreme Court decision and also allow the following:

  • If you do not know why your manager or supervisor wants to meet with you, ask him/her if it is a meeting that could result in discipline.
  • If your manager or supervisor refuses to allow you to bring a Union Steward or Representative, repeat your request in front of a witness.
  • Do not refuse to attend the meeting, but do not answer any questions either. Take notes. Once the initial interaction with your manager/supervisor is over, call your Union Steward or Representative right away.
  • You have the right to speak privately with your Union Steward or Representative before AND during the meeting.
  • Your Union Steward or Representative has the right to play an active role in the meeting. He/She is not just a witness.
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