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You Have the Right to Union Representation

YOU HAVE THE RIGHT TO UNION REPRESENTATION
Weingarten Rights

En 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.During an investigatory interview, the Supreme Court ruled that the following rules apply:

Regla 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

Regla 2: After the employee makes the request, el employer must choose from among three options:

Regla 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

HOW TO USE

If you are called for an interview which may result in discipline:
1. Speak up clearly. “If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present. Until my representative arrives, I choose not to participate in this discussion.”

  1. Call the union immediately and inform them of the situation.
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