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Jewish Family Service

70 Barker St

Buffalo, N.Y. 14209

716.883.1914

 

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Know Your Weingarten Rights
Updated On: May 31, 2017

Know Your Weingarten Rights   word document

Know Your   ……   WEINGARTEN RIGHTS

Members of CWA Local 1122 have Weingarten rights during investigatory interviews. An investigatory interview occurs when a Company representative questions a member to obtain information that could lead to discipline OR asks a member to defend his or her conduct.

If you reasonably believe that discipline or other adverse consequences may result from a meeting with a Company representative, you have a right to Union representation at that meeting.  But, you must request it.

                                WEINGARTEN RULES

Under the Supreme Court’s Weingarten decision of 1975, when an investigatory interview occurs, the following rules apply:

RULE 1

The member must make a clear request for Union representation before or during the interview.  The member cannot be punished for making this request.

RULE 2

After the member makes the request, the employer must choose     from among three (3) options. 

The employer MUST either

Grant the request, delay questioning until the    Union representative arrives and has an opportunity to consult privately with the member;  OR

Deny the request and end the interview immediately;  OR

Give the member a choice of:

(a)   having the interview without representation;  OR

(b)  ending the interview

RULE 3

If the employer denies the request for Union representation, and continues to ask questions,  it commits an unfair labor practice and the member has the right to refuse to answer.

The employer may not discipline the member for such a refusal.

Do not leave the meeting.

UAW 55-91


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Communications Workers Of America Local 1122
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