Before we negotiate and ratify our first collective bargaining agreement, we are protected by pre-contract Weingarten Rights. These rights guarantee union-represented employees the right to have a union representative present during an investigatory interview or meeting that they reasonably believe could lead to discipline.
How to exercise your rights
Labor law gives workers the right to request union representation during investigatory interviews by supervisors, security personnel, and other managerial staff. An investigatory interview occurs if:
- Management questions you to obtain information
- You have a reasonable belief that your answers could be used as a basis for discipline or other adverse action.
You must ask for union representation either at the beginning of or during the interview. Management does not have to remind you of this right.
If your request is refused and management continues asking questions, you may refuse to answer. Your employer is guilty of an unfair labor practice, and charges may be filed against them. The only exception to this is when management provides you with assurances that the questioning will not lead to discipline.
If called to a meeting with management, make the following statement to management when the meeting begins: “If this discussion could in any way lead to my being disciplined or terminated, I respectfully request that my union representative, officers, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.”
Do not waive your right to representation. If you begin answering questions, you waive your right to representation and any statement may be used against you. If management refuses to allow representation, stay in the room, but you should continually state, “I’ll be glad to answer any questions when I’m provided union representation.” If management states that the conversation will not lead to discipline, you are not entitled to union representation. Weingarten Rights do not apply to everyday conversations between members and supervisors regarding regular job duties or work performance.
Questions about Weingarten rights
Q: Do I have the right to engage in union activity prior to a first contract?
A: Yes. You have the right to engage in concerted activity for the mutual aid and protection of yourself and other employees free from interference or retaliation.
Q: What happens after we ratify our first collective bargaining agreement?
A: Your first collective bargaining agreement will contain many contractual rights and privileges, including job protections and a grievance procedure to enforce those protections.
Q: Do I have a right to union representation in meetings with management?
A: Yes, but under specific conditions. Weingarten rights guarantee union-represented employees - that is, anyone in the faculty bargaining unit - the right to have a union representative present during an investigatory interview that they reasonably believe could lead to discipline.
Q: When does Weingarten not apply?
A: Weingarten rights do not apply to routine supervisory meetings to discuss work assignments, performance evaluations, or to deliver discipline where no questioning occurs. In these cases, you can and should contact your local ombudsperson.
Q: When do Weingarten rights apply?
A: These rights are only triggered during an investigatory interview or meeting. This happens when a supervisor or manager questions an employee to gather facts that could result in disciplinary action.
Q: How do I invoke my Weingarten rights?
A: You should ask in advance of the meeting if it could result in discipline. If the answer is Yes, you should clearly state that you want a union representative present. You must affirmatively say “if this meeting could lead to discipline, I am invoking my right to union representation.”
Your employer is not required to inform you of your Weingarten rights.
Q: How do I choose a union representative?
A: Barring extenuating circumstances and given the representative is reasonably available, you may choose a specific union representative to accompany you. As SEIU Local 668 moves forward in the organizing process, Stewards will be democratically elected to, amongst other duties, serve as your Weingarten representatives.
Q: What is the role of the union representative?
A: The presence of a union representative should not turn an investigatory meeting into an adversarial proceeding. The union representative may take notes, request a caucus to speak with you privately, provide advice, request management clarify questions, and object to improper questioning.
Q. What if the nature of the meeting changes?
A. If a routine supervisory meeting begins to feel investigatory in nature, the member should stop the conversation and ask if this meeting could result in discipline. If the answer is yes, they should clearly request a union representative be present. The meeting can be rescheduled to allow a union representative to participate.
Q: What happens if management refuses my request for Union representation?
A: If management denies your request and continues to question you, they are committing an unfair labor practice in violation of the Pennsylvania Employee Relations Act 195 of 1970. Contact PSFA immediately.
