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All About: Weingarten Rights

Management is not required to inform the employee of his/her Weingarten rights; it is the employees responsibility to know and request. Once you’ve asked for the steward, any attempt by management to continue asking questions before a steward gets there an unfair labor practice. If supervisors pressure you by telling you that "you’re only making things worse for yourself” by asking for a

steward, that’s against the law. So be sure to:

• Request the presence of a Union representative.


• Ask if you are a suspect in a criminal matter.


• Do not consent to a search of person or property. Ask to see a search warrant.


• Do not waive any rights, including the right to remain silent.


• Do not sign a waiver-of-rights form, admit or deny any allegations, or make any written or oral statement unless an attorney and/or Union representative is personally present. These are not complete guidelines -  always consult with a union representative and/or attorney.


When the employee makes the request for a union representative to be present management has three options:


(1) it can stop questioning until the representative arrives.


(2) it can call off the interview or,


(3) it can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the employee should always refuse.)