Independent Fire/Security Officers Association
Since 1989

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Weingarten Rights

Brothers and Sisters,

It is important to know your rights as a member of a Labor Union. One of the most important rights you have are your "Weingarten Rights".

In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc. upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. This means that if the company (Supervision, Management, HR, etc.) calls you in to ask you questions that you feel can lead to discipline, or have any effect on your personal working conditions, you can ask for a union steward, representative or officer to be present.

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 options. The employer must:

1. Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee

2. Deny the request and end the interview immediately

3. Give the employee a choice of 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 regarding your Weingarten Rights or any other rights you have as a member of the IF/SOA please contact a Steward, your Local President, the Chief Steward or Union President.

In Solidarity,

Prisco Monico

IF/SOA Chief Steward