Union representation is not just about having a contract and knowing your wages, benefits, and basic working conditions. It is also about having moral support and assistance any time management tries to discipline a worker. If you are called into a disciplinary meeting by management, you have the right to have a union steward or representative present.
The rights of unionized employees to have a union representative present during investigatory interviews were announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as Weingarten rights.
Employees have Weingarten rights only during investigatory interviews or disciplinary meetings with management. An investigatory interview occurs when a supervisor questions an employee to obtain information that could be used as a basis for discipline or asks an employee to defend his or her conduct. If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. Management is not required to inform the employee of his/her Weingarten rights; it is the employee's responsibility to know and insist on them.
When the employee makes the request for a union representative to be present, management has three options:
- It can stop questioning until the representative arrives
- It can call off the interview
- It can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the employee should always refuse.)
Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, acknowledges a representative's right to assist and counsel workers during the interview.
The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.
While the interview is in progress the representative cannot tell employees what to say, but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.
The ability to have a witness present, and have representation from a qualified advisor (usually a union steward), is an important benefit of union representation. Your union works for you from the very moment a manager or supervisor attempts to discipline you or investigate a situation that might lead to disciplinary action. Employees in non-union companies do not have Weingarten rights.
For more information about your Weingarten Rights, call the Guild Office at 212-869-9290 or email News Media Guild
