home | on the job | stewards toolkit

The Rights of Union Representatives Under Weingarten

In regard to investigatory interviews, employers often assert that the only role of union representatives is to observe and, if the representative chooses, take notes.  This is not true.  The union representative must be allowed to advise and assist the employee.

The basic rights of union representatives in investigatory interviews are:

 The supervisor or manager must inform the union representative of the subject matter of the interview – they must disclose the type of misconduct or violation being investigated.

 The union representative must be allowed to have a private meeting with the employee before questioning begins.  It also may be possible to “caucus” for private meetings during the interview.

 The union representative can speak during the interview, but cannot end the interview.

 The union representative can object to a confusing question and can request that the question be clarified so that the employee understands what is being asked.

 The union representative cannot advise the employee to refuse to answer questions.  However, the union representative can advise the employee not to answer questions that are abusive, misleading, badgering, or harassing.

 When the questioning ends, the union representative can choose to provide management with information explaining or justifying the employee’s conduct.