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Weingarten Rights
The University of Illinois is committed to ensuring supervisors understand their employees’ rights under the Illinois Educational Labor Relations Act, including the right of union represented employees to request union representation during investigatory interviews, typically referred to as Weingarten Rights.
Helpful Resources:
Overview:
Employees represented by a union have the right to request union representation during any investigatory interview that they reasonably believe could result in disciplinary action against them.
Procedures for Supervisors:
- If an employee requests representation: Stop the interview immediately, contact IHR Office of Labor & Employee Relations for guidance, and allow the employee to secure a union representative before continuing.
- If the employee does not request representation: Proceed with the interview, but do not discourage or deny the right if requested later.
- If representation is requested but unavailable: Reschedule the interview within a reasonable timeframe.
- You may deny the request but you must immediately end the interview.
- You may not discipline an employee for refusing to answer questions without representation.
- Inform union representatives as to the subject matter of the interview and allow time for that representative to meet with the employee prior to questioning.
Quick Reference Table:
| Situation | Weingarten Rights Apply? |
|---|---|
| Investigatory interview (possible discipline) | Yes |
| A supervisor or member of management seeks to question an employee | Yes |
| Routine performance review | No |
| Meeting to announce discipline decision that’s already been made | No |
| Group meeting on policy changes | No |
Representative abilities and limitations:
- A “Weingarten representative” may be a union steward, business agent or officer, or co-worker of the employee’s choosing. However, the coworker should not be directly involved in the incident leading to the investigatory interview.
- Weingarten representatives serve as witness and may provide advice and assistance to the employee during the investigative interview.
- Representatives may not be a private attorney or family member if not affiliated with the employee’s union, unless a waiver is received from the union.
- Representatives should remain civil and not interfere with an employer’s legitimate efforts to conduct an investigation.
- Representatives may not direct an employee to provide false information.
For more information, contact:
Labor and Employee Relations
Email: ihr-ler@illinois.edu
Phone: 217-333-3105