California Official Court Reporters Association

Your Union Rights

Weingarten Rights

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:

  1. You must request that a job steward be present.
  2. You must have reasonable belief that discipline may result from questioning.
  3. You are entitled to get information from the employer about the subject of the meeting/questioning.
  4. You are entitled to consult with your job steward in private.
  5. The job steward is entitled to consult with the employee in private.
  6. The employer has the right to stop questioning the employee.
  7. You are not entitled to union representation if the employer is informing the employee of some discipline which has already been decided.
  8. 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.
  9. 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.

Additional Resources

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