Weingarten Rights

Categories: Chapter News | Author: Rick Dietz | Posted: 3/6/2007 | Views: 1049

Your Right to Representation

Weingarten Rights–your right to representation when brought before management on possible disciplinary charges—is based on a 1975 U.S. Supreme Court decision initiated by organize labor (NLRB vs. J. Weingarten). Although Weingarten rights were developed for unionized private sector workers, these same rights have been extended to California state employees and other public employees in a series of legal decisions.

If you are ever called into a meeting with your supervisor or manager and believe the meeting or the information gathered in the meeting may result in discipline, you have specific representational rights; these rights are summarized below:

You have the right to have a union steward present.

If you want a steward present, you must ask for him or her.

If you do not know why your manager wants to meet with you, ask him/her if it is a meeting that could result in a discipline.

If your manager refuses to allow you to bring a steward, repeat your request in front of a witness. Do not refuse to attend the meeting and respectfully decline to answer questions until your union representative is present. If the supervisor or manager insists that you answer questions you must do so. Take careful notes. Once the meeting is over call your steward at once.

You have the right to speak privately with your steward before the meeting and during the meeting.

Your steward has the right to play an active role in the meeting—she or he is not just a witness.

This statement could save your job:

"If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my steward be present at the meeting and before I answer any questions.”

However, if you are specifically ordered to proceed with the investigation/interview even without your representative present, politely restate your objection and remember the general rule of “okay now, grieve later.”

How to take Action

Contact your CSUEU campus Unit Representative if you feel these rights have been violated. Your Union Representative will work with you, management and your contract to determine the best course of action, including whether or not to file a grievance.

Return to previous page