Weingarten Rights

In 1975, the United States Supreme Court held in NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689 that employees covered by a collective bargaining agreement have a right to be represented during investigatory interviews. 

An investigatory interview occurs when a supervisor questions an employee to obtain information, which 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. 

When the employee makes the request for a Union representative to be present, management has three options: 

(1) It can stop questioning until the representative arrives; 

(2) It can call off the interview; or 

(3) 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). 

Once an employee asks for Union representation, any attempt by management to continue asking questions before a Union representative arrives is illegal.  The Supreme Court of the United States further held that a representative has a right to assist and counsel workers during the interview and, 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 the employee 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. 

Investigatory Interviews
If you are asked to attend an investigatory interview with your supervisor, contact the Union to have a representative present. It is your right!

The importance of knowing your rights
School boards, superintendents, supervisors, and managers are not required by law to notify you of your rights as an employee. Know your rights!!

Questions??
If you have any questions, contact your Chapter Field Representative. Don't know who your Field Representative is? Click here.