"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my Association Representative be present at the meeting. Without representation, I choose not to answer any questions." - Weingarten
When do employees have a right to request a union representative?
An employee’s right to request a representative arises during an investigatory interview. A useful comparison is an individual’s Miranda right to an attorney when questioned by law enforcement. However, unlike the right to counsel in a Miranda setting, employers are not required to inform union members of their rights under Weingarten.
When making a request for a representative, the Board does not require that the employee specify that they need a “Weingarten” representative. Once an employee requests their representative, they are not required to repeat that request.
Who may serve as an employee Weingarten representative?
An employee may choose their own representative, who may be a representative of the union or a fellow employee. Employees may not request a non-employee representative unless that individual is an officer or business agent of the employee’s union. For example, an employee may not request a private attorney or a family member if that individual has no affiliation with the employee’s union.
What may a union representative do during an employee interview?
Union representatives serve as advisors and witnesses during employee interviews. Employers are required to inform union representatives as to the subject matter of the interview and allow time for that representative to meet with the employee prior to questioning.
During the interview, a union representative may ask the employer to clarify questions, give the employee advice on how to answer questions (within limits), and provide additional information to the employer after the questioning. A union representative may also object to questions if they are badgering, intimidating, or offensive.
Remember, your Weingarten Rights only apply if you know about them and choose to use them.