Discipline

Weingarten Rights

Weingarten rights apply during investigatory interviews when a supervisor is questioning an employee to obtain information that could be used as  grounds for discipline. When an employee believes that such a meeting may lead to discipline, he/she has the right to request union representation.

The United States Supreme Court and the Iowa Supreme Court ruled that you have a right to Union representation during any investigatory or disciplinary meeting where you have reason to believe a disciplinary action may occur to you because of information you are providing.  The following has been provided to assist you as a guideline to determine whether or not you need Union representation when participating in any meeting with Management.

You should ask the Management representative at the beginning of the meeting the following question:
  • Is it possible that I will be disciplined for the information that I am about to give you?
  • If the answer to that question is YES, it is recommended to you that you immediately seek Union representation.
  • If the answer to the question is NO, it is strongly advised that you have Management put this assurance in writing and a copy given to you before you continue the interview with the Management representative(s).

If the employee wishes to have representation:

  • The employee must request representation before or during the meeting.
  • After an employee makes the request, the supervisor has these choices:
    1. Grant the request and wait for the union representative's arrival; or
    2. Deny the request and end the meeting immediately; or
    3. Give the employee the choice of either ending the meeting or continuing without representation.
  • If the supervisor denies the request and continues to ask questions, the employee has a right to refuse to answer. In addition, the supervisor is committing an unfair labor practice.
These basic Weingarten rights stem from the Supreme Court's decision in NLRB v. J. Weingarten Inc.

NOTE: MANAGEMENT IS NOT OBLIGATED TO INFORM EMPLOYEES OF THEIR WEINGARTEN RIGHTS

EMPLOYEES MUST ASK FOR THEM.