Sample Weingarten Card
“If the discussion in this meeting
could in any way lead to my being
disciplined or terminated, or impact on
my personal working conditions, I request
that my steward, local officer or union
representative be present. Without union
representation, I choose not to answer any
further questions at this time.”
This is my right under a Supreme Court
decision called Weingarten (or cite a state
In the 1975 case NLRB v. J. Weingarten Inc., the U.S. Supreme Court
declared that unionized employees have the right to have a steward
present during a meeting with management when the employee believes
the meeting might lead to disciplinary action being taken against him/
her. This case applies to workers in the private sector. Most public
employees have similar rights, but the rules vary from state to state, so
check your state’s labor laws.
Weingarten rights apply during investigatory interviews when a
supervisor is questioning an employee to obtain information that could be
used as grounds for discipline. When an employee believes such a meeting
may lead to discipline, he/she has the right to request union representation.
These basic Weingarten rights stem from the Supreme Court’s decision:
1) The employee must request representation before or during the meeting.
2) After an employee makes the request, the supervisor has these choices:
a. grant the request and wait for the union representative’s arrival;
b. deny the request and end the meeting immediately; or
c. give the employee the choice of either ending the meeting or
continuing without representation.
3) If the supervisor denies the request and continues to ask questions, the
employee has a right to refuse to answer. In addition, the supervisor is
committing an unfair labor practice.
Page Last Updated: Apr 19, 2011 (20:28:44)