Stewards Forum

CWA stewards are invited to send general questions for the Stewards Forum to cwanews@cwa-union.org.

Weingarten Rights: When an Employee Needs Union Counsel

Question: A supervisor recently called a member into his office. Did the member have the right to request a union representative accompany him?

To determine the member's rights in this situation, one must first ask what the meeting is about. If the supervisor is looking into a matter that the member believes may lead to discipline, then the member may insist on having a union representative present.

In 1975, the Supreme Court held that an employee has the right to be accompanied by a fellow employee or union representative when being questioned by the employer regarding an issue that may lead to discipline. This is often referred to as "Weingarten Rights." Weingarten was the name of one of the parties in a seminal case on this issue.

The National Labor Relations Act does not require an employer to inform an employee of his/her Weingarten rights, but many of our contracts require it. When an employee requests union representation at a meeting, the employer has three options:

1. terminate the interview.
2. tell the employee to choose between an interview without representation and no interview.
3. grant the employee's request and include the representative in the interview.

An employee only has Weingarten rights for investigatory interviews. If the employer is meeting with the employee solely for the purpose of imposing discipline, there are no Weingarten rights. However, many of our CWA collective bargaining agreements require representation at such meetings..

Employees in industries covered by the Railway Labor Act (such as airline workers) and public sector employees do not have Weingarten rights, however, they may have similar rights via collective bargaining agreement.  Public sector employees may also have similar rights via state law.

Recommendations for Union Representatives in Investigatory Meetings:

• Ask the employer/supervisor the purpose of the meeting.
• You may, and should, talk to the employee before the interview.
• If the employer requests that the interview take place immediately, you may insist upon meeting privately with the employee first.
• During the interview, you may counsel the employee of his/her rights under the collective bargaining agreement.
• Write down what is said at the meeting and offer moral support to the employee.
• To the best of your abilities, clarify the issues and relevant facts as the meeting progresses.
• You may not prevent the employer from asking questions, but you should protect the employee from intimidation or bullying.