Workers’ rights in disciplinary investigations

Every Guild member has the right to request a union steward or representative be present before or at any point during an investigatory meeting with management. Members cannot be disciplined for making this request.

This right comes from a 1975 Supreme Court decision in NLRB v. J. Weingarten, in which the court found that workers have the right to union representation during meetings with management if the employee has a reasonable belief that management’s questioning will lead to discipline.

To exercise this right with management, members should say:

““If there’s any chance this discussion could lead to discipline, I’d like to have my union representative present. Without representation, I choose not to answer questions. These are my Weingarten rights.””

After a Guild member requests representation, the employer must either:

  1. Grant the request and delay questioning until the steward union representative arrives and has a chance to consult privately with the employee.

  2. Deny the request and end the interview immediately.

  3. Give the employee a choice of (1) having the interview without representation or (2) ending the interview.

If the employer denies the request for union representation and continues questioning the member, this is considered an unfair labor practice (a violation of labor law).