Weingarten Rights

WEINGARTEN RIGHTS

YOUR RIGHT TO UNION REPRESENTATION


The Supreme Court of the United States decided in the case of the NLRB vs. Weingarten, Inc. that:

“an employee has the right to have a union representative present at any investigatory interview conducted by the employer, where the employee reasonably believes the interview might result in disciplinary action.”

(See also NLRB vs. Equipment Service Company.)

As a member of the United Food & Commercial Workers Union, you can not be required to submit to an investigatory interview where you have a reasonable belief that you may be disciplined, without a representative of your Union present. However you must:

Ask for representation – this right is not automatic. If you are denied this right, offer to return to work or to clock out and go home. Do not stay in the room.

Make no statement, written or verbal, unless they are absolutely true. Any statement you make can be used against you. Always request copies of any document that you may sign.

You should state:
“I am not being insubordinate, however, I am refusing to talk with you further until my union representative is present. I will either return to my work or I will clock out and leave but I will not continue this interview.”

DO NOT WAIVE THIS RIGHT BY ALLOWING THE INTERVIEW TO GO ON.

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300 Weidman Road, Ballwin, MO. 63011 | 636-394-6500 | 800-882-6560 | Fax: 636-394-5006