UAW Local 2000

Know Your Rights on the Job… Weingarten Rights

DID YOU KNOW???

One advantage of union membership is the protection afforded by Weingarten Rights. Established by the 1975 Supreme Court decision in NLRB v. Weingarten, Inc., these rights grant employees the ability to request union representation during interviews or meetings that they believe may result in disciplinary action. In such circumstances, employees have the right to state, “If this discussion could lead to me being disciplined, I want my Union Representative to be present.” At this point, the employer is required to pause questioning until the representative arrives. Understanding and invoking this right is essential for safeguarding employee interests both in and out of the workplace.

Just as legal representation is fundamental in police investigations or court proceedings, having union representation ensures that employees are supported and informed about their rights during potentially consequential workplace discussions. The onus is on the employee to invoke this right.

Today, only employees who are in a union have Weingarten rights. For a few years, however, this right applied to everyone. In 2000, the National Labor Relations Board (NLRB) extended Weingarten rights to all employees, whether or not they were in a union. Non-union employees were entitled to ask that a coworker be present at investigatory interviews. However, the NLRB reversed itself in 2004, going back to its previous interpretation that only union members have Weingarten rights.

Click below for more information:

https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/weingarten-rights

https://region2b.uaw.org/member-resources/weingarten-rights