Weingarten Rights
Encyclopedia
In 1975 the United States Supreme Court
, in the case of NLRB v. J. Weingarten, Inc.
, , upheld a National Labor Relations Board
(NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
During an investigatory interview, the Supreme Court ruled that the following rules apply:
Rule 1:
The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
Rule 2:
After the employee makes the request, the employer must choose from among three options. The employer must: grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee;
deny the request and end the interview immediately;
or give the employee a choice of having the interview without representation or ending the interview.
Rule 3:
If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice
and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
In July 2000, the NLRB under the Clinton administration
extended the Weingarten Rights to employees at nonunionized workplaces. On June 15, 2004, the NLRB under the George W. Bush administration
effectively reversed the previous ruling by a three to two vote.
or present this card to management when the meeting
begins.)
If this discussion could in any way lead to my being
disciplined or terminated, or affect my personal working
conditions, I respectfully request that my union
representative, officer, or steward be present at this meeting.
Until my representative arrives, I choose not to participate in
this discussion.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, in the case of NLRB v. J. Weingarten, Inc.
NLRB v. J. Weingarten, Inc.
NLRB v. J. Weingarten, Inc., , was a case decided by the Supreme Court of the United States that ruled that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes...
, , upheld a National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
(NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
During an investigatory interview, the Supreme Court ruled that the following rules apply:
Rule 1:
The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
Rule 2:
After the employee makes the request, the employer must choose from among three options. The employer must: grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee;
deny the request and end the interview immediately;
or give the employee a choice of having the interview without representation or ending the interview.
Rule 3:
If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice
Unfair labor practice
In United States labor law, the term unfair labor practice refers to certain actions taken by employers or unions that violate the National Labor Relations Act and other legislation...
and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
In July 2000, the NLRB under the Clinton administration
Presidency of Bill Clinton
The United States Presidency of Bill Clinton, also known as the Clinton Administration, was the executive branch of the federal government of the United States from January 20, 1993 to January 20, 2001. Clinton was the first Democratic president since Franklin D. Roosevelt to win a second full term...
extended the Weingarten Rights to employees at nonunionized workplaces. On June 15, 2004, the NLRB under the George W. Bush administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...
effectively reversed the previous ruling by a three to two vote.
WEINGARTEN CARD
(If called to a meeting with management, read the followingor present this card to management when the meeting
begins.)
If this discussion could in any way lead to my being
disciplined or terminated, or affect my personal working
conditions, I respectfully request that my union
representative, officer, or steward be present at this meeting.
Until my representative arrives, I choose not to participate in
this discussion.