Resources

Know Your Rights: Union representation during investigatory interviews

(If called to a meeting with management, read the following to management or present the card before the meeting starts.)

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 delegate be present at this meeting. Without representation present, I choose not to participate in this discussion.

Employee rights

Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, these rules apply:
The employee may request union representation before or during the interview. After the request, the employer must choose from among three options:

• Grant the request and delay questioning until the union representative arrives;
• Deny the request and end the interview immediately; or
• Give the employee a choice of:
  • Having the interview without representation or
  • Ending the interview.

If the employer denies the request for union representation and questions the employee, it commits an unfair labor practice and the employee may refuse to answer.

Do not resign your position.

Do not be insubordinate. If you are denied your rights, comply and alert your delegate as soon as possible.

These rights are called “Weingarten Rights.” As with all rights, it’s up to us to know and enforce them.

As healthcare workers, it’s critical that we care for our own safety and health too—on and off the job. That’s why we’re sharing resources that we’ve found useful in protecting ourselves and our families.