Weingarten Rights

What are Weingarten Rights?

Weingarten Rights are the right of union-represented employees, upon request, to have their representative present during an interview that the employee reasonably believes could lead to discipline. You can find more definition through the National Labor Relations Act. 

How do I invoke my Weingarten Rights?

All you need to do is recite the following standard statement to management (you can save these notes on your phone and be ready when needed):

"If this discussion could in any way lead to my being disciplined or discharged, I request that my Union representative be present at the meeting. Without representation, I choose not to answer any questions."  

When do employees have a right to request a union representative?   

An employee’s right to request a representative arises during an investigatory interview.  A useful comparison is an individual’s Miranda right to an attorney when questioned by law enforcement.  However, unlike the right to counsel in a Miranda setting, employers are not required to inform union members of their rights under Weingarten.  

Any meeting may be an “investigatory interview” provided that the following occurs:  

• A manager, representative of management, or supervisor is seeking to question an employee.    
• The questioning is part of an investigation into the employee’s performance or work conduct.  During an investigatory interview, a representative of management may require an employee to defend, explain, or admit misconduct or work performance issues that may form the basis for discipline or discharge.    
• The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions.  
• The employee requests a union representative.  Employers are not required to advise employees of their right to representation and third parties (including union representatives) may not make the request on behalf of the employee.  

Additional Rights and Protections

Now that our union is officially recognized and we are working toward securing our first union contract, our employer cannot make changes to our working conditions without negotiating with our union. These changes could include a wage decrease, loss in benefits, changes to workload or job description and more. 

To request Weingarten-related representation or to report negative changes to current working conditions, contact our union at nhmtpworkersunion@gmail.com or our union representative, Russell Maitland, at rmaitland@afscme36.org.

AFSCME District Council 36 
3375 E Slauson Ave, Vernon, CA 90058 
Phone: (213) 487-9887