Legal Tip Tuesday: Your Union Rights in a Disciplinary Meeting
April 14, 2026
Author: Casey Seaman
Video Transcript
In this Legal Tip Tuesday, Attorney Casey Seaman explains Weingarten rights, which give union-represented employees the right to have a union representative present during questioning that could lead to discipline. Learn when these rights apply and how to properly assert them.
Hi, my name is attorney Casey Seaman and this is another Legal Tip Tuesday. Today I’m going to talk about Weingarten rights. In the case of NLRB versus Weingarten, the United States Supreme Court ruled that union-represented employees have the right to a union representative during questioning by a supervisor, security personnel, or another manager if this questioning could reasonably lead to discipline. It is important to note that the union represented employee is just entitled to a representative. They are not entitled to pick what union representative it is. It is also important to note that an employer does not have to remind a union represented employee of these rights. They this is why it is so important for union represented employees to know these rights and to assert them properly. It is also important to note that if an employer refuses to accommodate your request for a union representative, you can refuse to answer. If they discipline you for refusing to answer and for not um giving you a union representative, this could give rise to an unfair labor practice charge. You may ask yourself, what do I say when I go into a meeting that could reasonably lead to discipline? Well, lucky for you, Quatrini Law Group has these nifty wine garden cards that you can carry in your wallet. So, what you do is what I’m doing now. You can pull them out of your pocket and read the following just right here on the card. You can say, “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 or steward be present at this meeting. If this discussion could lead to me being disciplined and you deny my request for representation, I choose not to answer any questions.” And that’s all you have to do to assert your Weingarten rights. If you have any questions about Weingarten, please feel free to reach out to Quatrini Law Group.

