Local 1496 - The Most Northern and Western UFCW Local in the World!

Discipline Without Representation-What you can do to protect yourself

As a union member, you have certain rights extended to you by law.  One of these is the right to ask for union representation at any investigative meeting that you are called to by your employer.

The current policy was established by the National Labor Relations Board in its Weingarten decision as upheld by the Supreme Court in 1975.  The Supreme Court ruled that employees working under a union contract have the right to ask for union representation at any meeting that a worker reasonably believes will result in disciplinary action.

Your employer is not required to ask if you want your union representative present at an investigative or disciplinary meeting.  You must tell your employer that you wish to have a union representative present at the meeting and that you do not wish to continue until you have representation.  After you tell your employer that you want union representation, the employer has three choices:

1. Stop the meeting.
2. Call in a shop steward or union representative and continue the investigation.
3. Tell the employee that the meeting will be terminated unless the employee voluntarily agrees to proceed without a steward or representative present.

The following statement can be used to help you assert your rights:

If this discussion could in any way lead to me being disciplined, terminated, or affect my personal working conditions, I respectfully request that my union representative or steward be present at this meeting.  Without representation, I choose not to answer any questions.

If, after asserting your rights, the employer insists on proceeding without proper union representation, don't risk insubordination!  Comply "under protest" with the employer's demand to continue the meeting and then contact your union's representative as soon as possible after the meeting.