Weingarten Rights

If you are ever called into a meeting with any management representative and if you have any reason whatsoever to believe disciplinary action may result, before answering any questions read them your Weingarten Rights:


“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, i request that my afge steward or union officer be present at the meeting. without representation, i choose not to answer any questions. (this is my protected right under the 1975 supreme court decision nlrb v. weingarten).”

Your supervisor must stop the meeting and allow you to get representation. Call the union office 301-763-3175, x3176, x3177, or x3178.

Should management still insist that you answer their question, don’t leave the meeting. Insist on your protected right not to answer any questions without a union representative.

Do not confess to anything. When the steward arrives and you answer questions, simply stick to the facts. even if the manager insists on you answering investigatory questions, do not walk out of the meeting. insist on your right to not answer investigatory questions and show the quote above. attempt to contact a union rep. that is your legal right!

When the steward arrives at the meeting:

  1. Manager must inform the steward of the subject matter of the interview – that is the type of misconduct being investigated.
  2. The steward must be permitted a private meeting with the employee before questioning begins.
  3. The steward can advise the employee not to answer questions that are abusive, misleading, badgering, or harassing.

Role of steward during a Weingarten (investigatory) meeting:

  1. To serve as your witness.
  2. To prevent intimidation tactics or confusing questions.
  3. Caution an employee against losing his or her temper.
  4. Discourage employees from informing on others.
  5. Help an employee to avoid fatal admissions.
  6. Seek clarification.

Grievances

If a member’s rights are violated, the Negotiated Grievance Procedure gives you, the Bargaining Unit Employee, a protected process in which to attempt resolution of a violation.

The important thing to know is you MUST file within 21 calendar days from the date the violation occurred or the date you should have been aware of the violation.