Weingarten Right

Weingarten Right

Weingarten Right: Employees are guaranteed the legal right to ask for union representation whenever an employee is being questioned under circumstances which may lead to discipline. In each case, however, the employee is entitled to representation only if the employee requests representation. Weingarten rights exist under the following circumstances:

1. Any disciplinary interview concerning a citizen’s complaint.
2. Any disciplinary interview concerning a department-initiated complaint.
3. Any situation where the employee is required to give an oral or written report about the use of force.

When in doubt; ask for union representation upon notice of a complaint or investigation. Failure to do so may result in the loss of your rights.

If your supervisor refuses to allow you to seek representation then have him/her put in writing “I denied [your name] right to seek union representation” and then have them sign and date it. Keep the original copy and answer their questions directly, honestly and in brief. Take notes and then contact a job representative immediately afterwards.