KNOW YOUR WEINGARTEN RIGHTS
Weingarten Rights: What are they?
Weingarten Rights are legal protections for unionized employees established by a 1975 U.S. Supreme Court decision ensuring they have the right to union representation during investigatory interviews that could lead to discipline. These rights apply when an employee reasonably believes a meeting with management may result in discipline. If the employer denies the employee’s reasonable request for union representation, then the employer may be in violation of the National Labor Relations Act.
Weingarten Rights: What do they mean?
Union members have the right to request and to have a union representative at any meeting that they believe could possibly lead to disciplinary action. If you are called into a meeting and have reason to believe that disciplinary action may be issued as a result, you have the right to have a union representative or a fellow union member present during the meeting.
Weingarten Rights: How do I use them?
To invoke your Weingarten read this statement to management:
“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request my union representative be present at the meeting. Without representation, I choose not to answer any questions and ask that the meeting be rescheduled.”
If you are uncomfortable reading the statement to your employer you may download a digital version of your Weingarten rights to your cellphone and then present it to management.
Click here to download a digital Weingarten rights card.
Please know:
- The member must request a representative; the employer has no obligation to inform the employee of that right.
- Management does not have to call the union representative; the responsibility lies with the member to do so. Business cards for your assigned Business Agent are available at the Local 727 office and can be picked up for you to use at any time. Each business card includes a wallet sized version of our rights on the back that you can hand to management to assert your rights. Additionally, you can all the Local offices to speak to your Business Agent at 847-696-7500.
- Once a union representative is called, he or she has the right: (1) to know the subject of the investigatory meeting; (2) to confer with the member prior to the meeting; and (3) to speak during and participate in the meeting.
If you have further questions about your Weingarten Rights, contact your Teamsters Local 727 Business Representative at (847) 696-7500.
Click HERE for a printable bulletin on Weingarten Rights to share with your coworkers.
Nothing in this article should be read as the union’s waiver of any legal argument, position or grievance(s), or as a waiver of any rights, arguments, or defenses under any contract, collective bargaining agreement, or applicable law. The union does not forfeit its right to make any and all supplemental arguments.
Category: Union News
