• In this Issue >
  • Features
    • From the President
    • 258 years of trade unionism
    • Beware of the man behind the screen
    • Artists at Work
    • Capturing the essence of her subject
    • Giving new personality to old metal scraps
    • Honorable mentions
  • Union Front
    • What’s in the SAP?
    • Closing loopholes
    • Auto Dealership
    • Michigan workers vote ‘yes’
    • Workers get a first contract
    • UAW wins big settlement
    • Organizing Roundup
  • Departments
    • From the Readers
    • World of Work
    • UAW 101
    • Safer Work
    • Still Solid
    • Skilled Trades
    • Workers' Words
    • Phipps' Tips
    • Green Corner
    • Solidarity Index / Past Issues

Weingarten: Miranda for workers

Weingarten rights. As a UAW member, you have them. But do you know what they are and when you should use them?

More than 30 years ago the U.S. Supreme Court ruled that workers have the right to a union representative at an investigatory interview if there is reason to believe disciplinary action will result.

Settled in 1975, the case of the National Labor Relations Board (NLRB) vs. Weingarten Inc. is the basis for these rights.

Some people consider Weingarten the Miranda rights – as in, “You have the right to remain silent” – of the workplace.

But there are differences:

• Management isn’t required to inform workers of their rights.

• In 2004 the NLRB overturned a decision of four years earlier that had extended Weingarten rights to nonunion employees.

Under Weingarten, when an investigatory interview occurs, the worker must make a clear request for union representation before or during the interview. The worker cannot be punished for making this request.

After the worker makes the request, the employer must choose one of these options:

• Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee.

• Deny the request and end the interview immediately.

• Give the worker a choice of having the interview without representation or ending the interview.

If the employer denies the request for union representation and continues to ask questions, they commit an unfair labor practice, and the worker has a right to refuse to answer. The employer may not discipline the worker for such a refusal.

The following language is often used to assert Weingarten rights: “If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer or steward be present at the meeting. Without representation, I choose not to answer any questions.”

Keep them in mind. It’s your right.

UAW 101 is an ongoing column by the UAW Education Department on how our union works.