604 Toolkit
Weingarten Rights

In a nutshell, they allow you Union representation during an investigatory interview. If you are being questioned by supervision, and you have a reason to believe the answers to these questions may lead to discipline, you have a right to Union representation. Ask for it.

The company does not have to offer. It is the Employee’s responsibility to ask for this representation. The employee can do this before or during the interview.

The Supreme Court in 1975 ruled the following in this case of the NLRB vs. J. Weingarten, Inc. 

1. The employee must make a clear request before or during the interview. The employee can NOT be punished for making this request.

2. After making the request, the company has three options, stop the interview until a Union representative arrives then continue, deny the request and end the interview, or give the employee the chance to have the interview without representation.

3. If the company denies the request, and continues to ask questions, the employee can refuse to answer, and the company has committed an unfair labor practice. Contact a Union representative immediately if this happens. This is a violation of your rights.