Union Representation and Weingartern Requests

A “Weingarten request” refers to an employee’s request for union representation during an investigatory interview conducted by an employer that the employee reasonably believes could lead to disciplinary action. The right to have a union representative present during such interviews is protected by the National Labor Relations Act (NLRA) in the United States. Here’s how to file a Weingarten request:

1. Recognize When It’s Appropriate: A Weingarten request is appropriate when you, as an employee, are facing an investigatory interview by your employer, and you believe that the interview could result in disciplinary action against you. It’s important to understand that the NLRA does not provide the right to representation during all meetings or discussions; it specifically applies to investigatory interviews.
2. Notify Your Employer: To make a Weingarten request, you should inform your employer that you would like union representation present during the interview. You can do this verbally or in writing, but it’s often advisable to make the request in writing for documentation purposes.
3. Be Specific: In your request, be clear about your desire for union representation and specify that you believe the interview may result in disciplinary action. You can say something like, “I request union representation during this interview because I believe it may lead to disciplinary action.”
4. Wait for a Response: After making the request, your employer has several options:
   • They may grant your request and allow a union representative to be present.
   • They may deny your request and proceed with the interview without representation.
   • They may choose to cancel or postpone the interview.
5. Respect the Process: If your request is denied, you should be prepared to decide whether to proceed with the interview without representation or to refuse to participate in the interview. Refusing to participate may have its own consequences, so it’s essential to consult with your union representative or legal counsel before making this decision.
6. Document Everything: Throughout the process, keep a record of your interactions with your employer, including the Weingarten request, their response, and the details of the interview itself. This documentation can be valuable if you need to address any unfair labor practice allegations in the future.
7. Consult with Your Union: If you’re a member of a labor union, it’s crucial to involve your union representative early in the process. They can help you understand your rights, provide guidance on making the request, and represent your interests during the interview.

Remember that Weingarten rights apply to employees in workplaces covered by the NLRA, and not all employees are eligible for these rights. If you’re unsure whether your situation qualifies for a Weingarten request or if you encounter any issues during the process, it’s advisable to seek legal counsel or consult with your union representative to ensure your rights are protected.

Contact our employment law firm today for further information related to union representation and Weingarten requests.