The Supreme Court has ruled that you are entitled to have a job steward present during an interview which may result in discipline. These are called your Weingarten Rights.
Based on this ruling, the following guidelines have been developed:
- You must request that a job steward be present.
- You must have reasonable belief that discipline may result from questioning.
- You are entitled to get information from the employer about the subject of the meeting/questioning.
- You are entitled to consult with your job steward in private.
- The job steward is entitled to consult with the employee in private.
- The employer has the right to stop questioning the employee.
- You are not entitled to union representation if the employer is informing the employee of some discipline which has already been decided.
- You have no right to refuse to attend a meeting with the employer if a job steward is requested but denied. We suggest you attend the meeting and repeatedly insist upon your right to have a job steward present. If this fails, we suggest that you do not answer any questions and take notes.
- Union representation may be based on the availability of the steward. You do not have the right to have a union representative of your choice.
Check with your union for more detailed instructions.
Further information is also available to COCRA members through our Labor Data Base: Contact Georgeann O’Connell-Wiles firstname.lastname@example.org