Weingarten Rights

What are Weingarten Rights?

Weingarten rights guarantee an employee the right to Union representation during an investigatory interview -- if an employee has a reasonable belief that their meeting may result in discipline, they may request this representation. The purpose is to level the playing field and empower employees in these conversations.

For more specific information (including examples!), this is a great resource from CWA Local 1109.

How do I excercise those rights?

You must request a union witness -- employers are not obligated to inform you of that right.

The following is an example script via CWA Local 2336:

"If the discussion I am being asked to enter could in any way lead to my discipline or termination or impact my personal working conditions, I ask that a union steward, representative or officer be present. Unless I have this union representation, I respectfully choose not to participate in this discussion."

Another example,

"I believe this discussion could lead to my being disciplined. I therefore request that my union represntative or officer be present to assist me at the meeting. I further requestion reasonable time to consult with my union representative regarding the subject and purpose of the meeting. Please consider this a continuing request; without representation I shall not participate in the discussion. I shall not consent to any searches or tests affecing my person, properpy, or effects without first consulting with my union representatives."

Once this request is made, the employer should either end the interview or ask the employee if they are willing to continue the interview without a union representative. If the employer continues the interview after denying or ignoring the request, the employee can and should refuse to answer questions.

How do I obtain a union witness?

Eventually, you'll be able to reach out to your shop steward. In the meantime, please fill out the Contact Form, and check the box at the bottom to indicate this relates to your Weingarten Rights -- a member of the mobilizing committee will be in contact.

What can a union witness do?

The following, as outlined by CWA Local 1109 here:

1. be informed by the supervisor of the subject matter of the interview

2. take the employee aside for a private conference before questioning begins speak during the interview

3. request that the supervisor clarify a question so that what is being asked is understood

4. give employee advice on how to answer a question

5. provide additional information to the supervisor at the end of the questioning.

A union witness cannot tell an employee not to answer a question.