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Weingarten Rights

Wherever there is a union agreement, workers have a specific right to be represented by a steward during investigatory meetings that might result in disciplinary action. This is named the Weingarten right after the NLRB decision that codified it. (NLRB v. J. Weingarten, Inc. 420 U.S. 251 1975)
To trigger this right, the worker:

	Must have reasonable belief that discipline could result
	Must request representation
	Cannot refuse to attend meeting
	Cannot insist on specific representation

If a worker requests a representative, management can:

	Comply with request
	Ask the worker to proceed voluntarily without a representative
	Stop the meeting

Note – the employer is free to impose discipline based on information already known at this point. The union is free to grieve the matter. If a steward is the object of a disciplinary action, he or she has the same right to representation as any other worker.

Weingarten Rights for Unrepresented Workers
Current NLRB case law holds that representation rights during disciplinary proceedings may be applied even if there is no collective bargaining agreement. This right may be useful for the union during an organizing campaign or during bargaining over the initial contract. See the weingarten rights case below:
Weingarten Rights Decision (PDF file)