Resources

WEINGARTEN RIGHTS 

Your Rights as a UNION Member

Union Representation is Required 

Anytime the company requests a meeting that leads to disciplinary action including warnings.

Union Representation must be Requested

Anytime you think a meeting or conversation of any kind or situation may lead to disciplinary action.

How the request works.

Rule 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.

Rule 2

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

• Grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;

• Deny the request and end the interview immediately; or

• Give the employee a clear choice between having the interview without representation (you must sign a waiver), or ending the interview.

Rule 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.

See TDU's webinar it goes more in-depth.

Grievance Toolkit    click the link  https://www.tdu.org/contract_enforcement_recording

INFO REQUESTS: DOCUMENTS THE UNION CAN REQUEST 

The Legal Rights of Union Stewards, Robert Schwartz  

* You can request these documents in your grievance if they apply.

accident reports, air quality studies, annual reports, attendance records, bargaining notes, benefit plans, bonus records, consultants’ reports, 

contracts with customers, suppliers, and contractors,

correspondence (letters and e-mail) between management and outside entities such as government agencies and workers compensation carriers,

correspondence (letters, e-mail, and text messages) between management and supervisors  

customer complaints, customer lists, 

disciplinary records of grievant or others,

drug tests, EEO reports, employee evaluations, equipment specifications, 

handwriting analysis, Injury reports, inspection records, insurance policies  

internal memos and policies, interview notes, investigative reports, investigatory files, 

job assignment records, job descriptions, leave requests,

manuals, material safety data sheets (MSDSs), 

memorandums prepared after meetings with employees, merger agreements, 

OSHA logs, overtime records, payroll records, pension contribution, records, 

personnel files, photographs, piece-rate records, policies, prior grievances and 

arbitration awards, private detective reports, sale of enterprise documents, 

schedules, security logs and reports, seniority lists  

supervisor's notes and files, telephone and cell phone records, test results, time cards, 

time-study records, training manuals, video surveillance tapes, wage and salary records, work rules.