Weingarten Rights

Attention to all IBEW local 1212 members.  The IBEW local 1212 reminds all represented members of their Federal Rights for union representation during any inquiry by management that may result in any disciplinary action


Weingarten Rights

During an investigatory interview, the Supreme Court ruled that the following rules apply:

Rule #1) The employee must make a clear request for union representation before or during the interview.  The employee cannot be punished for making this request

Rule #2) After the employee makes the request, the employer must choose from among three (3) options:

  • Grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
  • Deny the request and end the interview immediately; or
  • Give the employee a clear choice between having the interview without representation, or ending the interview.

Rule #3) If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer.  The employer may not discipline the employee for such a refusal.  If you have any questions speak with your ABM, Shop Steward or call the Union Office and speak with Business Manager Ralph Avigliano or one of the Business Representatives.

Below is an example of what should be said in these situations:

I believe this discussion could lead to my being disciplined.  I therefore request that my union representative or officer be present to assist me at the meeting.  I further request reasonable time to consult with my union representative regarding the subject and purpose of the meeting.  Please consider this a continuing request; without representation I shall not participate in the discussion.  I shall not consent to any searches or tests affecting my person, property, or effects without first consulting with my union representatives.