IAEP Local R7-11

Weingarten Rights

The Weingarten Right entitles bargaining unit employees to have a fellow employee, or a union representative present, when the employee reasonably believes that discipline may result from the meeting.

For the Weingarten Rights to be invokes, the following must hold true:

• The meeting or interview must be investigatory in nature.
• The employee must have a reasonable belief that discipline might result as a consequence of the meeting.
• The employee must request that a union representative of fellow employee must be present:

Once a request for representation has been made, the employer has three options:

1. Discontinue the meeting.
2. Grant the request.
3. Offer the employee a chance to continuing the meeting unaccompanied, or cancel the interview

If the request representation is granted, the representative is present to help clarify facts, or suggest other information sources. The representative is not there to bargain for the employee.

If an employee is disciplined for exercising their Weingarten Rights, or disciplined based on information obtained in an illegal interview, the employer has violated the act. Remember - the employee must invoke the right.