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. They are a crucial part of our union protections.
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 their conduct.
If an employee has a reasonable belief that discipline or other adverse consequences may result from what they say, the employee has the right to request union representation. Management is not required to inform the employee of their Weingarten rights; it is the employee’s responsibility to know and request representation.
Script:
“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request my union representative, officer, or building representative be present at this meeting. Until my representative arrives, I am participating under protest.”
AFT Washington has cards with the Weingarten script printed on them; we are able to send them to you or your local as needed. Just let us know!