Our Members Have Rights During a Security Investigation, known as Weingarten Rights!
Many Union jobs are lost because some of our members do not understand their basic rights during investigatory interviews with company management or security. Company security officials frequently summon employees for questioning about anything and everything. Such an interview can, and frequently does, lead to discipline, termination, and/or the filing of criminal charges. You should NEVER assume that an interrogation by company security is harmless, no matter what assurances you may be given.
If you are called into one of these investigative interviews:
- You have RIGHTS. The U.S. Supreme Court in its 1975 decision in the case of the National Labor Relations Board versus Weingarten, Inc. (420 U.S. 251) ruled that a Union member has a right to have a Union Representative present during an investigative interview that the member believes might lead to disciplinary action.
- You must DEMAND a Union Representative as soon as you are told of the interview. Do not sign or admit to anything unless you have first discussed the situation with your Union Representative.
- If you demand Union Representation after the interview begins, the interview must stop until you are provided with representation. If company security isn’t cooperative, then refuse to participate in the security interview until you have Representation regardless of what company security says or threatens you with. The employer is not allowed to retaliate against you for asking for Union Representation, but may try. Be sure to resist their attempts to intimidate you!
Do not be intimidated, no matter what security officials say or threaten. Your Union Representative, trained and experienced in these matters, will represent your interests and will serve as a witness to whatever transpires at the interview. The Representative will be able to swear as to what you did or did not say, which could be crucial in the event the matter becomes serious and might result in discipline, discharge, or criminal charges.