We provide legal citations only as a reference for those who may do more research. This pamphlet is intended for use by union officers, stewards, and rank-and-file union members. Section VII provides sample language for the Weingarten Rule that unions should attempt to negotiate into their contracts. Section VI covers California public sector and federal union employees. Section V explains Weingarten rights for two kinds of California employees: non-union employees and agricultural workers. Sections II-IV of this pamphlet lay out Weingarten rights for private sector employees under the NLRA. Union employees in the private sector, the California public sector, and the federal public sector have different levels of Weingarten protections. Further, this pamphlet is designed to provide a guide to union activists and leaders regarding how they can most effectively assert the right to representation in the unionized workplace. The purpose of this pamphlet is to provide a basic overview of these cases, and to explain how the National Labor Relations Board (NLRB) and the courts have interpreted and applied the principles expressed in these cases over the years. Although this sounds straightforward, the application of this rule is sometimes complex. In general terms, an employee who is the subject of an investigatory meeting that the employee reasonably believes may lead to discipline has the right to representation in the unionized workplace. Quality Manufacturing Co., are important because they have changed the right of representation in the workplace. and International Ladies’ Garment Workers’ Union v. Under the pressure of management, workers are often threatened with or actually subjected to investigations, interrogations, discipline, and discharge. They reflect the kind of ongoing tension and difficulty that unionists face in representing their fellow workers. The two cases, described in Section II, concern situations that may be familiar to many people involved with union activities. These protections are called Weingarten rights, named for one of two Supreme Court cases, decided concurrently, that established this important right. In addition, the National Labor Relations Act (NLRA) provides workers with important protections when they are being investigated by an employer for possible discipline. On behalf of workers, unions negotiate contracts with employers-setting wages, hours, and working conditions-and represent members in grievance procedures. Labor unions in the United States have the fundamental right to represent their members before an employer.
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