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Weingarten Rights

(Union Representation During Investigations)


One of the most vital functions of a Union Steward is to prevent management from intimidating employees. Nowhere is this more important than in a closed-door meeting when supervisors, often trained in interrogation techniques, attempt to coerce employees into confessing to wrongdoing.

In 1975 the U.S. Supreme Court granted union employees the right to the presence of Union Representation during INVESTIGATORY INTERVIEWS. The presence of a Steward can help in many ways, for example:
  • Questioning can stop until the representative arrives. The Steward can help a fearful or inarticulate employee explain what happened.


  • The Steward can raise extenuating factors, clarify a question, or add information to support the employee's case.


  • The Steward can advise an employee against blindly denying everything; thereby giving the appearance of dishonesty and guilt.


  • The Steward can help prevent an employee from making fatal admissions or object to confusing or intimidating tactics.


  • The Steward can stop an employee from losing his/her temper.


  • The Steward can serve as a witness to prevent supervisors from giving a false account of the conversation.


  • The Steward can stop the supervisor from going on a "fishing" expedition and keeping them on track.

AFSCME Local 3142