Weingarten Rights

Weingarten addresses the right of members to have union representation during an investigatory interview. An investigatory interview occurs when a supervisor questions an employee (member or not) to obtain information that could be used as a basis for discipline or asks an employee (member or not) to defend his/her conduct. 

NOTE: By law, Weingarten rights are extended ONLY to Union members. 

SO, if a MEMBER has a reasonable belief that discipline or other adverses consequences may result from what s/he says, the member has a right to union representation. 

Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs the following rules apply: 

Rule 1 The member must make a clear request for union representation before or during the interview. The member cannot be punished for this request. 

Rule 2 After the member makes the request, the employer must choose from among three options: 

• Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the member; or 

• Deny the request and end the interview immediately; or 

• Give the member a choice of having the interview without representation or ending the interview. 

Rule 3 If the employer denies the request for union representation, and continues to ask questions, the employer commits an Unfair Labor Practice and the member has the right to refuse to answer. The employer may not discipline for such a refusal. 

Weingarten wallet cards for members are available from CFEA. It includes the statement the member must make to the supervisor to invoke the person’s Weingarten rights.