It is important for all FA members to know their Weingarten rights and when and how to exercise them. (While the image above refers to a union steward, in the FA we use the term representative.)

One of the benefits of being a union member is that you are guaranteed representation at investigatory or disciplinary meetings. Right to representation is also known as Weingarten rights.

Weingarten rights stem from a 1975 Supreme Court decision, NLRB v. J. Weingarten, Inc., and apply to employees covered by the National Labor Relations Act (NLRA), which includes all union employees.

Union workers have the right to request union representation during investigatory interviews that the employee reasonably believes could lead to disciplinary action. This right ensures that employees have support and protection when facing potentially challenging or confrontational situations with their employer.

If you find yourself in such a situation, remember these key points:

1. The Right to Representation
   
   You have the right to request union representation before or during an investigatory meeting with your employer. This includes meetings where you are asked to answer questions that could lead to disciplinary action.
   
   
2. Requesting Representation
   
   If you wish to have union representation, you must make a clear request. Simply stating “I would like union representation” is usually sufficient. Once you make this request, your employer must either grant the request, end the meeting or give you the choice between continuing the interview without representation or ending the meeting.
   
   
3. Understanding the Purpose
   
   Weingarten rights are designed to protect employees from being subjected to unfair treatment or disciplinary action. Having a union representative present can help ensure that your rights are upheld and that you are treated fairly during the meeting.
   
   
4. Exercising Your Rights
   
   It’s important to understand and exercise your Weingarten rights when necessary. If you believe that a meeting with your employer could lead to disciplinary action, you should reach out to the FA by contacting me at kevinmc@fascc.org and cc’ing Dante Morelli at dantem@fascc.org. You can also leave a message with Anita at 631-451-4151, and we’ll get back to you as soon as possible.

Having union rights doesn’t mean much if they are not exercised when needed. You have every right to contact the FA, so please don’t hesitate to do so if you have concerns or questions.