Weingarten Rights

Employees have a right to union representation when they are questioned by an employer in a situation that might result in discipline.

Weingarten Rights apply to the right of all unionized employees (tenured or not) to request union representation for any investigatory interview conducted by their employer, in which the employee has the reasonable belief that the discussion could lead to disciplinary action. If representation is requested, and the employee is a potential target of disciplinary action at the time of questioning, a reasonable period of time shall be afforded to the employee to obtain such representation.

The eight key points of Weingarten Rights are:

1. Union Members Have The Right To A Union Representative: If none is available, members can demand to postpone.

2. The Right To Know The Subject Matter Of The Interview: Members and stewards have the right to know what specific subjects and issues will be addressed in the interview; management should not be allowed to go on a “fishing expedition.”

3. The Right To Have A Private Conversation: The steward must be allowed to take members aside for a private pre-interview conversation before questioning begins and at any time during the meeting with management.

4. The Right To Speak During The Interview: The steward is allowed to speak during the interview. During this meeting, the steward is considered to be the same status as management.

5. The Right To Ask For Clarification: The steward can ask that the supervisor clarify a question so that the worker can understand what is being said.

6. The Right To Counsel: Before questions have been asked, the steward can give advice on how to answer the questions.

7. The Right To Inform: When the questioning ends, the steward can provide additional information.

8. The Limits of Weingarten: If Weingarten Rights are honored, stewards have no right to tell members to lie or to refuse to answer questions.

More information can be found here at the National Labor Relations Board's website.

Other Laws That Protect You!

FMLA: Family Medical Leave act of 1993 entitles eligible employees to a total of 12 work weeks of leave time during any 12 month period for the family and medical reasons listed in 29 USC §2612(a)(1). Upon returning to work, the employee is to be restored to his or her previous position.

TAYLOR LAW: Public Employees' Fair Employment Act (summary) as laid out in

Article 14 of the NYS Civil Service Law (full text).

1. 1. Grant public employees the right to organize and to be represented by employee organizations of their own choice;

   2. Requires public employers to negotiate and enter into agreements with publics employee organizations regarding their employees’ terms and conditions of employment;

   3. Establishes impasse procedures for the resolution of collective bargaining disputes;

   4. Defines improper practices by public employers and public employee organizations;

   5. Prohibits strikes by public employees; and

   6. Establishes a state agency to administer the Law—the Public Employment Relations Board (PERB).