University Staff Association

University Staff Association

University of Massachusetts Amherst
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Weingarten Rights

Weingarten Rights give you the legal right to have a union representative present during investigatory or pre-disciplinary interviews with management.

If you believe a meeting could result in disciplinary action, or may lead to such action, you have the right to request a union representative. This representative is usually your district’s steward, though not always.

If you were unaware of the nature of a meeting and the conversation shifts toward questions that could lead to discipline, you have the right to pause the meeting and request a union representative. Your manager or supervisor cannot discipline or retaliate against you for invoking your Weingarten Rights.

Due to the nature of our work, a union representative may not be available immediately. In that case, the meeting will need to be rescheduled so a representative can be present.

When You Can Invoke Your Rights

Here are some examples from the Massachusetts Teachers Association (MTA) that show when you are entitled to union representation:

  • Your employer is investigating an incident or allegation and you reasonably expect the investigation could result in discipline.
  • You are being questioned about alleged misconduct or poor performance, and the employer is seeking facts or your side of the story.
  • The employer is investigating a situation where the “wrongdoer” is unknown, and you believe your participation could lead to discipline.
  • The investigation is at any stage, whether the employer has gathered no facts, some facts, or enough facts to consider discipline. If you reasonably believe discipline could result, you are entitled to representation.
When You Are Not Entitled to Representation

You do not have the right to union representation in the following situations:

  • The meeting is solely to provide work instructions, training, or corrections.
  • The purpose is to inform you of a disciplinary decision that has already been made, and no input is being requested from you.
  • You are clearly assured beforehand that no discipline or adverse consequences will result from the meeting.
  • You initiate the discussion after being informed that the matter may have disciplinary consequences.
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