Weingarten Rights allow a Union member to demand Union representation and assistance whenever an employer begins to discuss a matter that could result in discipline.
The employee may request Union representation before or during such a discussion, which is called an “investigatory interview.” After the request, the employer must: 1) grant the request and delay questioning until Union representation arrives; 2) deny the request and end the interview immediately; or 3) give the employee the option to continue the interview without representation (usually a big mistake!).
Not every discussion with an employer is considered investigatory. If your boss wants to specify certain job requirements or announce a warning or discipline, this is not considered investigatory. However, the discussion can become investigatory if your employer begins to question you about a matter for which discipline is administered. At that point you may exercise your Weingarten Rights and request that a Union Representative be present throughout the conversation.
If you request a Union Rep’s presence, do not discuss or sign anything with your employer before your Union Rep arrives!
If you have any questions, please call your District Union Representative, toll-free, at (888) 8-EIGHT-8.
UFCW 8-Golden State President
UFCW International Vice President