Weingarten Rights
If a supervisor or the boss asks questions that could lead to disciplinary action, union members have the right to ask for a steward, staff member, or other union officer. This is something all union members should know— it’s our job, as stewards, to make sure they do!
A member is asked to report to the boss’s office. The boss fires off a question. The member asks: “Could this meeting lead to discipline?” The boss says, “Maybe.” The member responds, “I want to see my steward before I answer!”
Legal? Yes! All members can—and should—make this request if they’re being questioned by management about anything that could lead to disciplinary action. Bosses have no right to refuse.
Why? Because of a 1975 case in which the U.S. Supreme Court ruled that all workers have the right to union representation when a supervisor or boss asks for information that could be used as the basis for discipline. This decision gave workers and unions specific rights called Weingarten Rights (from the name of the case).
A vital part of a steward’s role is to keep management from intimidating workers—especially when a boss is trying to get a member to admit to wrongdoing. Weingarten Rights won’t help if workers don’t know about them, because the boss doesn’t have to tell them. If they answer the questions, they’ve given up their right to representation.
Stewards should make sure members understand that if any discussion with management—from a closed-door meeting to a conversation with a supervisor on the job—could lead to the possibility of discipline, they should ask immediately for a steward or local officer. The request can be made at any point.
Ideally, a member should say something like: “If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my steward (or a union officer) be present. Without representation, I choose not to answer any questions. This is my legal right.”
Anything close to this statement will do. Any further attempt by a boss to ask questions is illegal until a steward arrives. If management denies a request for union representation, this is an unfair labor practice—and the member may refuse to answer any questions.
WHAT STEWARDS CAN DO:
During the meeting, you should take notes on what was said and who said it. Not only will this help you keep your facts straight, but it could make the boss nervous if he or she doesn’t have much of a case.
As a steward, your power includes:
- Stopping the boss from harassing or abusing the worker;
- Asking the supervisor to clarify any questions the member may not understand;
- Advising the worker how to answer questions;
- Providing the boss with additional information when the questions have ended.
- Requesting a recess during the meeting if you need more time to talk privately with the member.
- Requesting that the meeting continue another time if information is presented that requires additional investigation or preparation.
Here are a couple of final points to keep in mind:
If a worker is asked to provide information about another employee, he or she also has the right to ask for a steward. Why? Because failing to answer could lead to disciplinary action—and, therefore, the right to representation.
Management can have private conversations with workers that will not lead to discipline—issuing a warning or other disciplinary action, for example. On the other hand, workers should know that a casual conversation with a supervisor that starts harmlessly (over work, for example), but begins to lead to the possibility of trouble, can be stopped until a steward can be asked to be present.
The materials on this page were adapted from the United Electrical, Radio & Machine Workers of America, who ask that we share a link to this notice in exchange for recirculating this information.
