Are you familiar with your Weingarten Rights? A key component to remember is you must be the one to evoke this right. Your employer is not required to inform you of your right before or during a meeting.

Below is an article written by ATU 757 Vice President Henry Beasley about what to do when management approaches you for discussion.

The World of Weingarten Rights

Brothers and sisters, this topic continues to plague us as we fight for better contracts, better working conditions, and stronger workers’ rights in the workplace. One thing that continues to erode morale and weaken the workers’ ability to effect change is the agency’s sidestepping of our chief protection, our Weingarten Rights.

Time and again, this subject is not clear to our membership. Even though we drill it during onboarding meetings with new members and with seasoned members who haven’t needed it before, many forget its power when the moment comes and instead rely on built up relationships with managers.

The most important rule of thumb is that they do not have to tell you about your right to representation. Some agencies that tell you that you “should contact a representative” do so only as a courtesy, not a requirement. As a union, we should all know the difference. Sadly, many do not and fall for tactics that destroy morale and unionism when members feel no one is on their side.

Key Points to Remember

• Request Representation — You must clearly state your request for a representative; your employer is not required to inform you of this right before or during the meeting.

• Magic Words — “If this discussion could in any way lead to my being disciplined, I respectfully request that my union representative be present at the meeting. Until my representative arrives, I choose not to participate in this discussion.”

• Do not engage in small talk or answer questions while you wait. When your representative arrives, you may briefly and privately confer with them before the interview resumes.

Recent Examples of Managers Sidestepping Rights

Scenario #1: The Ambush Style

A manager approaches you and casually asks to speak with you, trying to disarm you and lead you into a private space.

Example Dialogue

• “Hey, Henry, can I talk to you for a moment? It’ll take just a second.”

• “Hey Bob, could this lead to discipline?”

• “Don’t worry, Henry, it’ll only take a second.”

• “Great Bob, then please answer my question.”

• “No, Henry, it will not lead to discipline.”

• “Awesome Bob, then feel free to discuss it out here with witnesses; no need to go into a private area.”

Bob then backs off: “Nah, it’s ok, we can speak another time.”

Scenario #2: The Withholding of Equipment Style

You arrive on time, sign in, and go to pick up your equipment—only to be told you must see a manager first.

Example Dialogue

• “Hey Henry, I need to ask you a question.”

• “Hey Suzy, can I get my equipment? I’m going to be late for my route.”

• “I just need to know what happened…”

• “Suzy, is this going to lead to discipline?”

• “No.”

• But Suzy continues with accusatory questions.

Henry responds:

• “Suzy, I request that my union rep be present.”

• Suzy continues questioning.

• Henry stays silent, pulls out a pen and paper, and documents the conversation.

Eventually, Suzy hands over the equipment. Henry starts work—late, but not at fault.

Reflection

Have you found yourself in these situations? What did you do—and what will you do going forward?

Did you notice:

• the nuances in each scenario

• How the examples empower the member

• How the member stayed respectful and calm

• the equalizer in Scenario #2 (pen and paper)

These are only a few examples, not an exhaustive list.

The Most Important Takeaway

“KNOW YOUR RIGHTS. DON’T LET ANYONE TELL YOU YOUR RIGHTS!” Do not wait for a union officer to inform you, though you should always feel free to confirm your understanding.

IYKYK: “If you know, then you know, then you practice, then you win.”

When members stand together in solidarity, not only do you win, but your co workers, fellow union members, and the entire union grow stronger.

Final Reminder

The agency does not work for you. The union does.