What Are Weingarten Rights?
If you are called in by your supervisor, who then asks you questions about an event that you believe may lead to disciplinary action, you have a right to ask for a union representative or a union officer for assistance before you answer your supervisor’s questions. How do you know if the questioning could lead to disciplinary action? When your supervisor’s questioning starts, you have a right to ask, “Could this meeting result in disciplinary action?” If you supervisor indicates there is a possibility, you have a right to call in a union steward. Your boss cannot say no. The same goes for being asked to provide information about a coworker when failing to do so could result in disciplinary action. You may say:
“If this meeting could affect my working conditions or lead to termination or discipline, I am requesting to have my COBA/COBARC/LEEBA steward or union officer present with me during this discussion. I am not going to answer questions without representation.” (This is your right under a Supreme Court decision called Weingarten).
Your right to have representation by a union steward during questioning by a supervisor that could result in disciplinary action is known as Weingarten Rights, named for a Supreme Court case in 1975 supporting workers’ rights. However, your boss does not have to let you know about your Weingarten Rights. You must speak up before you answer questions. If your boss refuses, they will be committing unfair labor practices.
We Provide A Full Spectrum Of Assistance For Unions
One of the main purposes of the National Labor Relations Act (NLRA) is to protect the nation’s workforce by regulating labor and management practices. Enacted by Congress in 1935, the act also promotes collective bargaining between employers and employees to address conditions and hours of work, pay rates, wages and labor disputes.
JOEY JACKSON LAW, PLLC., provides experienced legal advocacy for tackling matters involving:
- Collective bargaining
- Labor contracts
- Labor agreements
Union delegates or stewards are frequently under fire, but they also have protected rights. Union stewards have a right to:
- File grievances for unfair worker treatment
- Investigate facts surrounding grievances
- Organize other union members to act in support of a grievance
- Request information in writing from management pertaining to a grievance
- Represent a member at a meeting where disciplinary action could result
Management and supervisors cannot intimidate you or discriminate against you for taking responsibility as a union steward.
Put Our Nationally Recognized Team In Your Corner
A union steward’s responsibility can be a heavy burden without the assistance of an experienced labor law attorney. Whether you’re investigating grievances, requesting information or just trying to understand your rights under the law, the team at JOEY JACKSON LAW, PLLC., offers sound guidance, negotiation and legal representation for employment and labor law matters in New York City. Call 833-563-9522 or send an email to initiate a consultation.