Weingarten Rights Statement
“I request to have a union representative present only on my behalf during this meeting because I believe it may lead to disciplinary action being taken against me. If I am denied my right to have a union representative present, I will refuse to answer accusational questions and any I believe may lead to discipline.”
Know this statement and use it anytime you are subjected to an interrogation which might lead to discipline.
When management begins to ask you questions that could lead to you being disciplined, you don’t have to face it alone. If you have a reasonable belief that answers you give could be used by the supervisor to discipline you, the United States Supreme Court says you can refuse to answer any questions until a union representative is on the scene and has had a chance to talk things over with you first. It is your right to have the union representative present during the questioning to advise you, ask supervisors for clarifications, and provide additional information at the end of the session. The employee subject to the interview must reasonably believe that the investigatory interview will result in disciplinary action. If the requested union representative is unavailable at the scheduled interview time, the interview can still go forward as long as another union representative is available; however, the employer is not required to suggest or obtain an alternate representative for the employee. The employer cannot demand a specific representative if the employee prefers a different representative and the employee's choice of representative is available. The presence of a fellow employee does not fulfill the representation requirement because the employee has a right to be represent.