There are circumstances when you should call your Union steward to accompany you when you meet with management or your supervisor.

  • You have a right to have a Union steward present.
  • If you want a steward there, you must ask for him or her.
  • If you do not know why your manager want to meet with you, ask him/her if it is a meeting that could result in discipline.
  • If your manager refuses to allow you to bring a steward, repeat your request in front of a witness. Do not refuse to attend the meeting, but do not answer any questions either. Take notes. Once the meeting is over, call your steward at once.
  • You have a right to speak privately with your steward before and during the meeting.
  • Your steward has the right to play an active role in the meeting. She or he is not just a witness.

These rights are called “Weingarten Rights” based on a 1975 Supreme Court decision (NLRB vs. J. Weingarten). As with all rights, if we do not use them, we eventually could lose them.

When a manager asks to see you

in their office, they may want more than the recipe to the chicken casserole you brought to last week’s potluck. If you’re not absolutely sure that they just want to shoot the breeze, ask them why they want to see you.

Here’s what to say:

“If this discussion could in any way lead to my being disciplined or terminated, I respectfully request that my steward be present at the meeting. Without representation present, I choose not to respond to any questions or statements.”

Weingarten Rules Explained

You have legal rights when it comes to interviews that could lead to disciplinary action.

The National Labor Relations Board set the following rules for employees to follow when asked to meet with a manager or supervisor and you believe the meeting may lead to disciplinary action. Following these rules ensures your legal protection so be sure to read and know them!

Rule 1: The employee must make a clear request for Union Representation before or during the interview/meeting. 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 em- ployer must either:

  1. Grant the request and delay questioning until a Union Representative arrives and has a chance to consult privately with the employee; or
  2. Deny the request and end the interview immediately; or
  3. Give the employee the choice of having the inter- view without representation OR ending the interview.

Rule 3: If the employer denies the request for Union Representation and continues to ask questions, it is committing an Unfair Labor Practice according to the law and the employee has a right to refuse to answer. The employer may not discipline the employee for such refusal.

The Seven Points of Just Cause for Discipline

If the answer to these seven questions is yes, management has just cause for discipline.

  1. Forewarning – Did management give the worker forewarning of possible disciplinary consequences of the worker’s conduct?
  2. Reasonable Rule – Was management’s rule or order reasonably related to the orderly, efficient and safe operation of the organization’s business and to the performance that management might reasonably expect of the worker?
  3. Discovery – Did management make an effort to discover whether the worker violated or disobeyed a rule or order before disciplining her or him?
  4. Fair Investigation – Was management’s investigation conducted fairly and objectively?
  5. Evidence of Guilt – At the investigation, did management have substantial evidence that the worker was guilty as charged?
  6. Evenhanded Application – Has management applied its rules, orders and penalties evenhandedly with regard to all workers?
  7. Fair Punishment – Was the degree of discipline administered by management reasonably related to the seriousness of the offense and the record of the worker’s service to the employer?