Weingarten Rights
If an administrator or manager asks to speak with an employee and the employee believes there is reasonable possibility that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation.
When the employee makes the request for a union representative to be present, management has three options:
- They can stop questioning until the representative arrives.
- They can call off the interview.
- They can tell the employee that they will call off the interview unless the employee voluntarily gives up his/her right to union representation.
Did you know:
- An employee must ask for representation since management has no duty to inform him/her that he/she may need it or are allowed to have it.
- An employee is allowed to speak with his/her representative before management continues questioning.
- An employee is entitled to representation regardless of his/her standing in the union. Agency fee payers and religious objectors can ask for and receive representation.
Union Representatives
Depending on the severity of the situation, several people can support an employee, but most problems can be resolved with a site representative first.
If an employee needs help, please contact the site's union representative first.
The union representative can contact the HLPTA segment director
The HLPTA segment director can contact the HLPTA President.
The HLPTA president can contact CTA support staff.
The CTA support staff can contact a lawyer on the member's behalf.
WHAT SHOULD AN EMPLOYEE SAY?
"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working condition, I respectfully request that my union steward, representative, or officer be present at the meeting. Without representation, I choose not to answer any questions."
NLRB vs. Weingarten, Inc., 420 U.S. 251, 88 LRRM 2689 (1975)