Glossary / Weingarten Rights

Weingarten Rights

Weingarten rights entail the legal rights of workers in the U.S. to have union representation during informational interviews that may result in disciplinary action. In the NLRB v. J. Weingarten, Inc. (1975) case that was ruled by the United States Supreme Court, Weingarten rights guarantees workers’ rights to communicate through collective bargaining and ensures that they receive just treatment and representation from their employers during workplace investigations or disciplinary actions.

Example

An employee is required to attend a meeting with their manager in order to discuss rumors of wrongdoing in the workplace. Before the interview, the employee asserts their Weingarten rights and requests union representation to be with them during the interview. The supervisor, however, acknowledges the employee's rights by calling a union representative who would attend the meeting as a witness and an advocate for the employee. Through the interview, the union representative is there to support, guide the employee and to make sure the investigation is conducted in the right way according to the labor laws and collective bargaining agreements. The employee is able to raise Weingarten rights to safeguard workers’ interests, guaranteeing due process in the disciplinary process. This emphasizes the significance of labor rights and union representation in protecting employees from any kind of maltreatment in the workplace.

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