Your Rights At Work

Weingarten Rights

“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.”

You must choose to invoke these rights.  ANY time you’re called in to answer questions about your work or someone else’s you have the right to a Union Steward.

(From Wikipedia on Weingarten Rights)

During an investigatory interview, the Supreme Court ruled that the following rules apply:

Rule 1: The employee must make a clear request for union representation before or during the interview. 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:

  • grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
  • deny the request and end the interview immediately; or
  • give the employee a clear choice between having the interview without representation, or ending the interview.

Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

 

Other Links:

MN Dept of Labor/Industry FAQ – http://www.dli.mn.gov/ls/FaqEmpRights.asp

MN Dept of Human Rights – http://mn.gov/mdhr/yourrights/