Resources

Weingarten Rights

Your right to union representation during investigatory meetings. Know when they apply and exactly what to say.

What Are Weingarten Rights?

Weingarten Rights come from a 1975 U.S. Supreme Court case (NLRB v. J. Weingarten, Inc.). They give union members the right to have a union representative — steward or rep — present during any meeting with management that you reasonably believe could lead to discipline. You do not have to face an investigatory or disciplinary meeting alone. The representative can advise you, ask clarifying questions, and help ensure the process is fair.

When Do They Apply?

✓
You're called into a meeting with management
Supervisor, HR, or any management representative.
✓
The meeting is investigatory
They're asking questions or gathering facts about something that could lead to discipline.
✓
You have a reasonable belief discipline could result
Write-up, suspension, termination — if you think it's possible, you're covered.
Does NOT apply to
Routine instructions or training
General work conversations
Performance reviews with no disciplinary component
Casual talk with your supervisor

If you're unsure whether the meeting could lead to discipline, request representation anyway — it's better to ask than to waive your rights.

How to Invoke Them

You must clearly ask for a union representative. The employer is not required to remind you of your rights. As soon as you realize the meeting might be investigatory or could lead to discipline, say you want your union rep present. Until your representative arrives, you can refuse to answer questions beyond confirming basic identifying information.

What to Say — Word for Word

Full version

"If this discussion could in any way lead to my being disciplined or terminated, I request that my union representative be present. I will not answer any questions until my union representative is here."

Short version

"I want my union rep here before we continue. I'm invoking my Weingarten Rights."

After you invoke, the employer may:
1
Grant your request
Pause the meeting until your rep arrives. This is the correct response.
2
End the meeting
They can choose to stop rather than wait for your rep.
3
Give you a choice
Continue without a rep or leave. Do not agree to continue without representation if you want your rep there.

If denied: If the employer continues the meeting without allowing your rep, or disciplines you for invoking your rights, that may be an unfair labor practice. Contact your local union or BA immediately.