Union members have Weingarten rights only during investigatory interviews. Investigatory interviews occur when management questions an employee to obtain information which could be used as a basis for discipline or asks a union member to defend his or her conduct. If a union member has a reasonable belief that discipline or other adverse consequences may result from what he or she says the union member has the right to request union representation. Management is not required to inform the employee of his or her Weingarten rights. It is the employee’s responsibility to know and request a delegate (shop steward.
Very Important!!!
These rights must be claimed by the union member. Management has no obligation to inform a union member that he or she is entitled to union representation. The union member must make a clear request for union representation before or during the interview. The union member cannot be punished for making this request.
Miranda Rights are rights that must be told to you by law enforcement. Weingarten Rights do not have to be told to you by management and they most likely will not remind you. This is why I write this section for all union members. It is the union leadership that must relay this important message to union members. A union member who is not aware of their Weingarten right for representation only hurts themselves. Also, if a worker is asked to provide information about another employee, he or she also has the right to ask for a delegate. Why? Because failing to answer could lead to disciplinary action and therefore the right to representation.
Please refer to the Weingarten Protection Statement for what to say to management if you are ever questioned in an investigatory interview.
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