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Weingarten Act

CWA Membership Alert - Make sure your rights are not being violated.

Do you know what your Weingarten Rights are?

Do you know what an investigatory interview is?

Do you know what to do when called into an investigatory interview?

Your Weingarten Rights

The National Labor Relations Act gives employees the right to assistance from Union Representatives during investigatory interviews.  A vital Union Steward function is to prevent management from intimidating employees.  The Steward can serve as a witness to prevent supervisors from giving a false account of the conversation. 

What is an Investigatory Interview?

An investigatory interview occurs when management questions an employee to obtain information and that employee has a reasonable belief that discipline may result from what he or she says.  Investigatory interviews relate to such subjects as: absenteeism, accidents, compliance with work rules, damage to company property, drinking, drugs, falsification of records, fighting, insubordination, poor attitude, poor work performance, sabotage, slowdowns, tardies, theft, and violation of safety rules. 

What to do when called into Investigatory Interview

Under the Supreme Court's Weingarten Decision, when an investigatory interview occurs, this rule applies: The employee must request union representation.  Do not ask management supervisors to make this decision for you.  It is not enough to ask the question of a manager, "Do you think I will need a Union Steward?"  The member must firmly state to the manager that they are requesting Union representation in the meeting.

Your employer is under no legal obligation to inform you of your rights to Union representation in an investigatory meeting.  You have the right to have a union steward present during an investigatory meeting but it is your obligation to request union representation. 

Understand this right: The "Weingarten Act" is the most important "right" that the Union employee has.