In 1972 a sales clerk repeatedly requested that her shop steward (union rep) be present at a meeting with management where she was being interrogated for theft from J. Weingarten Store No. 98 in Houston, Texas. Her requests were denied. After she was exonerated of this and other charges her union filed a charge of unfair labor practices against her employer.

Three years later the U. S. Supreme Court ruled in favor of the employees of Weingarten. The Court’s ruling was based on section 7 of the National Labor Relations Act of 1947 which says, "Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." It was also based on Section 8 which says, "It shall be an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of their rights guaranteed in Section 7."

These are the ten Weingarten Guidelines:

1. The employee must request that a union representative be called into the meeting with management.

2. Union representatives may only be present in meetings when there is a reasonable belief that the investigation will lead to disciplinary action.

3. The Court’s decision does not force the employer to interview the employee.

4. The employee does not have the right to the steward of his or her own choice.

5. The Weingarten rule also applies to group meetings where management confronts more than one employee at a time.

6. The employer does not have a duty to bargain with the union representative at an investigatory interview.

7. The employee is entitled to information from the employer regarding the subject of the investigation prior to the meeting.

8. The employee is entitled to consult with his or her union representative prior to the meeting.

9. An employee may refuse to attend an interview where he/she has been denied a shop steward.

10. The employee is not entitled to a "make-whole" remedy for denial of Weingarten rights.

11. Workers who are not represented by a union do not have these rights. Public employees in California have essentially equivalent rights.

What to Do if the Police Wish to Interview You

If the police wish to interview you at your school as a result of a parent, administrative, or CPS accusation, you should do the following:

• Do not make any statements

• Do not admit anything

• Do not explain anything

• Do not sign anything

• Do not resign

• Do not be insubordinate

Tell the site administrator or the police office that you have been advised by your association not to say anything until after meeting with a CTA attorney. Then, call REA immediately at 562-0850. Free legal consultation is a benefit of REA/CTA membership.