Your Rights

W.C.C.E.A.

Working for You

Today more than ever we need a strong and active membership to overcome the
challenges our association is facing. Our strength in winning good
contracts and protecting workers’ rights lies with our members.

Almost twenty years ago a counter clerk who worked for a J. Weingarten store in Houston, Texas, was questioned by her Employer for alleged theft. Although she was cleared in the investigation, she had been denied, after several requests, the presence of her Shop Steward during the questioning. The Union representing her filed an unfair labor practice after the incident and, in 1975, the Supreme Court ruled in the Union's favor. An important new right for workers emerged from this decision:An employee may be represented by the Union at an investigatory interview with his/her employer when the employee reasonably believes that the interview may lead to disciplinary action.

FAQ's
Q: What is an investigatory interview?
A: An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.

Q: Management obligated to remind me of my Weingarten rights prior to an investigatory meeting?
A: No, you must request an association representative's presence. Management has no obligation to remind you of your right.

Q: What if I'm told to be in my Supervisor's office at 10am but I do not know the nature of the meeting?
A: You have the right to know beforehand what the subject of the discussion will be. And, you have the right to consult (caucus) with your representative before and during the meeting.

Q: What if a routine work meeting is taking place between my Supervisor and me, but the nature of the meeting suddenly changes?
A: You have the right to stop the meeting and call in a representative at the point you believe you are being asked questions which could result in discipline. You cannot be punished for requesting a representative's presence.

Q: If I request a Representative, does the Employer have to comply?
A: The Employer must choose from among three options:
1. Grant the request and delay questioning until the Representative arrives and has a chance to consult privately with the employee; or
2. Deny the request and end the interview immediately; or
3. Give the employee a choice of having the interview without representation.

Q: What is the role of a Representative in an investigatory meeting?
A: 1. When a Representative arrives, the Supervisor must inform him/her of the subject matter of the interview, i.e. the type of action/misconduct for which discipline is being considered.
2. The Representative must be allowed a private pre-interview conference before the questioning begins.
3. The Representative must be allowed to speak during the interview.
4. The Representative can give advice on how the employee should answer questions.

Q: What if a Supervisor denies my request for a representative?
A: If you are denied a representative's presence and are still asked questions, the Employer commits an unfair labor practice and the employee has a right to refuse to answer. The supervisor cannot discipline the employee for such a refusal.

KNOW AND EXERCISE YOUR WEINGARTEN RIGHTS

If you are called into a meeting with a management representative and you have reason to believe that disciplinary action against you may result, you have the right to have an Association representative present during this meeting.

The management representative must stop the meeting until an association representative can be present.

               Before you attend a meeting, read the
                statement below to the management
        representative, and contact your Association

representative immediately.

“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative, officer, or steward be present at the meeting. Without representation, I choose not to answer any question.

“This is my right under a U.S. Supreme Court decision called Weingarten.”

Remembering your Weingarten Rights is NOT one of those stupid things!