If management requests a meeting with you and you believe it may result in disciplinary action, you have the right to union representation. The “Weingarten Rules” say that the EMPLOYEE MUST MAKE CLEAR THEIR REQUEST for UNION REPRESENTATION BEFORE OR DURING the hearing/interview. The employee CAN NOT be punished for this request. After the request, the EMPLOYERmust choose from 3 options:

  1. Grant the request and delay questioning until a union representative can be present. The Employee should be given reasonable time to consult their Union Representative.

  2. Deny the request and end the interview immediately; or

  3. Give the Employee a choice of:

    1. having an interview without representation

    2. ending the interview

If the EMPLOYER denies the request for Union Representation, and continues to ask questions, it is committing an Unfair Labor Practice and the EMPLOYEE has a right to refuse to answer. The EMPLOYER may not discipline the Employee for such refusal.

Labor 411

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