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Named for a 1975 Supreme Court case, NLRB [National Labor Relations Board] v. J. Weingarten Inc., Weingarten rights apply to an employee who is subject to an investigatory interview that could lead to his or her discipline and who requests union representation.

An employee's right to representation. An employee may be represented by the union at an investigatory interview with his or her supervisor when the employee reasonably believes that the interview may lead to a disciplinary action.

Among the rights protected by Section 7 is the right of union-represented employees, upon request, to have their representative present during an interview that the employee reasonably believes could lead to discipline. This right was first articulated by the Supreme Court in the case, NLRB v. J.

If you're called in to explain why something went wrong, stop and think about your Weingarten Rights. By presenting this card to management, YOU may have the right to stop a meeting until your steward, assistant steward or a union rep arrives to accompany you.

The name “Weingarten” comes from the 1975 Supreme Court case (J. Weingarten, Inc. v. NLRB) where this concept was first defined. A Weingarten meeting is an investigative meeting between one or more management officials and one or more bargaining unit employees.

J. Weingarten, Inc. 420 U.S. 251 (1975) upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.

How does an employee exercise Weingarten rights? Simply stating, "I would like my union representative present" is sufficient to invoke the right. Even questions such as, "Shouldn't I have a representative here?" have been considered sufficient to assert Weingarten rights.