Know Your Rights
Weingarten Rights
By Carlos Duarte
Weingarten rights guarantee an employee the right to Union representation during an investigatory interview. These rights, established by the Supreme Court, in 1975 in the case of J. Weingarten Inc,, must be claimed by the employee.
Your manager has no obligation to inform an employee that s/he is entitled to Union representation.
If your manager asks you to meet with them, ask what the meeting is about. You have the right to know the purpose or subject of the meeting. If you feel this meeting might lead to some type of discipline, notify your manager you want to invoke your Weingarten Right and immediately contact your union steward and request a steward to be present.
Never refuse to meet with your manager, this could lead to a charge of insubordination.
If at any time during a meeting with your manager and the questioning turns investigatory and could lead to discipline, invoke your Weingarten Rights immediately. Your manager must stop the meeting or reschedule it until a steward is present. If your manager continues the questioning, you have the right to refuse to answer any questions that could be used against you.
If you are called in for questioning by your employer, you should read the following statement before any questions are asked and invoke the following specific rights.
Statement:
“If I am a potential subject for discipline and you intend to question me, I request CSEA representation. I invoke the rights listed below. If I am not afforded these rights, please be advised that an improper practice charge/unfair labor practice/grievance or other legal objection will be filed.”
Assert the Following Rights if You Are Questioned and Are a Potential Subject of Discipline:
For me and my CSEA representative to be informed of the subject matter of the questioning before the questioning begins.
To confer with my CSEA representative before the questioning begins and at any time thereafter.
To have my CSEA representative assist me during the interrogation and ask questions regarding confusing, unclear, repetitive, argumentative and improper questions.
To receive a copy of my statement, video and/or tape recording after the interrogation.