Welfare Note: Weingarten Rights

Weingarten Rights relate directly to your rights in meetings with your supervisors. Weingarten Rights refer to your right to “engage in lawful concerted activities for the purpose of collective bargaining or other mutual aid and protection.” These rights include union representation at meetings with supervisors. “Weingarten rights are applied when:

  1. an employee is subjected to questioning/investigation by a supervisor;
  2. the employee reasonably believes that the questioning will result in discipline; and
  3. the employee requests representation.

“When an employee requests union representation during an investigatory interview that the employee reasonably believes will result in discipline, the employer/supervisor has three lawful options:

  1. halt the questioning until the representative arrives;
  2. call off the interview; or
  3. tell the employee that the interview will be called off unless the employee voluntarily gives up his or her rights to a representative.

It is recommended that the employee never give up his/her right to a representative. The employee should specifically tell the employer he/she in not giving up his/her right to representation. If the employer refuses requested representation and continues the interview without the employee giving up his/her right to representation, the employer has committed an unfair labor practice under Section 14(a)(1) of the IELRA.”

(Taken from IEA Grievance Training materials)

If you have any questions about you rights under the CBAas well as Weingarten Rights, please don’t hesitate to contact a member of the Grievance Sub-Committee

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