If you would like a WEINGARTEN
card for your wallet/purse or clipboard, please contact your Local 20 Board
Member or shop steward.
In 1975 the U.S. Supreme Court (NLRB vs. J. Weingarten) ruled that employees have a right to union
representation during investigator interviews by management. These rights are
called "Weingarten rights." As with all rights, if we do not use
them, we lose them.
The Role of the Steward
The presence of a union steward can be crucial, and both members and stewards
should be aware of their rights.
o The employee does not have the right to a union representative of their
choice. The choice of a union representatives may be based on
availability.
o The employee and the steward have the right to know the subject matter of the
interview.
o The steward must be allowed to take the worker aside for a private
pre-interview conference before questioning begins.
o The steward must be allowed to speak during the interview.
o The steward can request that the supervisor clarify a question so that the
worker can understand what is being asked.
o Before questions have been asked, the steward can give advice on how to
answer.
o When the questioning ends, the steward can provide additional information to
the supervisor.
o If Weingarten rules are complied with, stewards have no right to tell workers
not to answer questions, nor to give false answers.
o The presence of a union steward can be crucial. It can save workers from
making foolish statements that may lead to discipline or discharge.
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