Weingarten Rights

NLRB v. J. Weingarten, Inc.

Why should I exercise my Weingarten Rights? 

Union Grievance Representatives are trained in how to deal with disciplinary action, and their role in these scenarios is to act as both a witness and advisors. A union representation is there to:

• Require management to explain why the meeting was called
• Talk to you before and during the meeting about why you may be disciplined
• Hear everything that is said and request any clarifications
• Stop unfair questioning
• Take necessary breaks for one-on-one discussion
• and Provide real-time and private counsel

What happens if my request for a representative is denied?

If you request a union rep prior to or during your discussion, your supervisor HAS to allow it, or you’re entitled to end the meeting. If they deny your request, you can walk out of the discussion, and it could be what’s called an “unfair labor practice,” and legal action can be taken.

It is also illegal for your employers to retaliate against you for choosing to have a union representative present.

How do I exercise my Weingarten Rights?

It’s simple. All you have to do is ask! (It is important to note that you waive that right if you do not tell your manager or supervisor you are requesting representation.)

To help make sure you feel prepared, you can use the exact text below to ask for representation.  

If this discussion could lead to my being disciplined or terminated or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at the meeting.

Without representation, I choose not to answer any questions.