You have the right to union representation in a meeting with administration if there is a reasonable belief that the discussion could lead to discipline or termination. You must invoke your right to representation–management is not obliged to remind you of this right.

If called to a meeting with management, read the following to management when the meeting begins.

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

Prior to being deprived of property rights by discipline (demotion, suspension, termination), administration must administer a pre-disciplinary hearing (also called a Loudermill hearing). In this hearing, administration will present evidence to substantiate their proposed discipline of the employee.

As a public employee working under a collective bargaining agreement, you have the right to defend yourself at this hearing and provide statements. This exchange is not meant to be adversarial, but rather allows the opportunity for both sides to explain the facts of the situation. While you do not have explicit rights to representation under Weingarten, it is in administration’s best interest to allow union representation so that they are aware of the arguments the employee will have against the disciplinary action.

Discipline that does not result in property loss (verbal/written reprimand, improvement plan) does not guarantee Loudermill rights to a hearing. Employees on probation are not entitled to a Loudermill hearing in the event of discipline resulting in property loss.

If you are meeting with administration for a suspected criminal investigation in the workplace, you cannot be compelled to make self-incriminating statements under the threat of being terminated.

Like Weingarten rights, administration is not obligated to remind you of Garrity rights, but unlike Weingarten they will be invoked automatically if you are threatened with termination for not answering questions related to suspected criminal behavior.

If you do make statements after having been threatened with termination, those statements and any information that might arise from them may not be used as evidence against you or the defendant in question.

A manager, representative of management, or supervisor is seeking to question an employee.  

The questioning is part of an investigation into the employee’s performance or work conduct.  During an investigatory interview, a representative of management may require an employee to defend, explain, or admit misconduct or work performance issues that may form the basis for discipline or discharge.  

The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions.  

The employee requests a union representative.  Employers are not required to advise employees of their right to representation and third parties (including union representatives) may not make the request on behalf of the employee.

Instructional meetings where an employee receives training or correction on work techniques.  Meetings of this nature generally do not lead to discipline.

Meetings in which an employer informs an employee (or employees) of personnel policies.  Often these meetings do not require questioning of employees and do not lead to discipline.  

Meetings in which the employee is informed in advance that no discipline or adverse employment action will result from the interview.

Meetings about disciplinary decisions that have already been made.  If an employer has made a final decision on a disciplinary action, a meeting with an employee to inform them of that decision is not considered investigatory.  In the same vein, if an employee initiates a meeting to discuss a disciplinary action that they have experienced, that meeting is not investigatory in nature because any discipline that the employee has experienced has already occurred.    

Meetings in which an employee is questioned as part of an investigation of another employee’s conduct or performance.  For example, an employee who witnesses another employee’s misconduct is not entitled to Weingarten representation if they are questioned about what they observed.