Your Right to a Union Representative

 
 

Weingarten rights

As a member of a union bargaining unit, you have a right to a union representative at any mandatory meeting that is reasonably believed to be disciplinary, investigatory, or could lead to discipline. The employer is not required to alert you of this right (except as provided in the CBA for certain types of meetings), which is why it’s important you and your colleagues know. These rights were solidified by the Supreme Court in National Labor Relations Board v. J. Weingarten, Inc. (1975).

Who is my union Rep

Legally, you may choose any member of the Union’s bargaining unit or Union staff member. In practice, we recommend you reach out to our office or any member of the leadership and we will help you find the best available representative.

How do I exercise my rights

For a formal disciplinary or pre-disciplinary hearing, you and the Union will be informed ahead of time to give you a chance to discuss with the Union if you would like to bring representation. However if you are meeting with a supervisor informally and a topic comes up that you realize could be a precursor to disciplinary action, you can say:

“If this discussion could in any way lead to my being disciplined or terminated, or adversely affect my personal working conditions, I respectfully request that my union representative be present at the meeting. Without representation present, I choose not to answer any questions.”

You are on strong legal ground and legally protected from retaliation for exercising these rights.

how does a union Rep benefit me

By working with a representative:

  • You'll have a chance to talk through the specifics and think about how to answer likely questions before the meeting

  • You and your rep can agree that they can interrupt you before you unnecessarily incriminate yourself

  • If you are flustered during the meeting, you and your rep can take a sidebar to cool down and talk about how to continue the conversation

  • Your rep will witness the meeting and take notes which can help you if there is a dispute later about what happened during the meeting or if management doesn't honor your legal and CBA-provided rights

  • Going through the disciplinary process can be scary and intimidating. Having someone support you through it makes it a lot more bearable!

More questions or want to request a Union rep? Contact us today.