Weingarten Questions and Answers
1. A steward sees a member being interviewed in the supervisor’s office. Should he demand to attend?
Yes. Stewards have the protected right to be included in any interview that may result in an employee’s discipline. However, if the employee refuses representation, the steward cannot attend.
2. Larry is being questioned about a workplace theft and is asked to provide information about his co-worker Roger, who is suspected. Should Larry have union representation?
Yes. Although Larry may not be guilty of the theft, his refusal to answer questions about it could result in discipline. Also, he may be disciplined should he have any knowledge about the theft. He has a right to have union representation.
3. Management asks an employee to submit to a urine test. Does Weingarten apply?
Yes and No. Since a urine test is not an investigatory interview, the employee does not have a right to union representation. However, management must allow the employee to consult with the union to decide whether or not to take the test.
4. Can management pressure an employee to drop a Weingarten request?
No. Management commits an Unfair Labor Practice when coercing employees to give up their right to representation.
5. An employee is called to his supervisor’s office, but the steward is on vacation. Can that employee insist that an interview be delayed until the steward’s return?
No. If a union representative is not available, another representative or employee can be substituted. However, if the employer is responsible for that representative not being available, then the supervisor must end the meeting until the representative is available.
6. I am a steward. If called in by my supervisor to discuss a problem with my work, can I bring my chief steward?
Yes. Stewards are covered under Weingarten just like any other employee. If you have a reasonable fear of discipline or other adverse consequences, you too are entitled to representation.
7. Can an employee ask for a lawyer during an investigatory interview?
No. Weingarten Rights only apply to union representation.
8. The plant manager telephones a member at home to ask about missing tools. Does the member have to answer?
No. Weingarten Rights also apply to telephone interviews. An employee fearing discipline can refuse to answer without union consultation.
9. A manager denies an employee his/her Weingarten Right, yet continues to ask questions. Can the employee just walk out?
In some cases. If the manager consistently denies the request, the employee may leave to get a steward, but not if the manager asks the employee to wait until a steward arrives.
10. Can Weingarten be invoked during a polygraph examination?
Yes. An employee may be represented during the pre-examination as well as the test itself.
11. Can management order an employee to open their locker without a steward present?
Yes. Locker (as well as car and handbag) searches are not interviews, so Weingarten does not apply.
12. If an employee is asked to sign an acknowledgment upon receiving a warning slip, must management allow union representation?
No. The employee is not being interviewed; in fact, the employee has already received discipline.