"If this discussion could in any way lead to me being disciplined or terminated, I respectfully request that my union representative be present at the meeting before I answer any questions. Without representation present, I choose not to respond to any questions or statements."

Be informed.

Weingarten Rights – your right to representation when brought before management on possible disciplinary charges is based on a 1975 U.S. Supreme Court decision initiated by organized labor (NLBR v. J. Weingarten).

These rights are grounded in both federal law and through precedent set by the California Public Employee Relations Board.

These rights apply to both permanent and probationary employees.

These rights apply in both formal and informal settings.

Download the PDF here.

If you are ever called into a meeting with your supervisor or HR and:
1) You believe the nature of their questions and the information they are gathering may lead to discipline, or
2) You believe the meeting may result in discipline,
You have specific representational rights!

• You have the right to have a union representative present.
• If you want a union representative present, you must ask for him/her.
• If you do not know why your supervisor wants to meet with you, ask them if it is a meeting that could result in discipline.
• Do not refuse to attend the meeting, but respectfully decline to answer questions until your union representative is present.
• If you are in the middle of a meeting, you can still invoke your rights and request a union representative. By invoking your rights, your supervisor should immediately stop the meeting until your union representative is present.
• If your supervisor refuses to allow you to bring a union representative, repeat your request in front of a witness.
• You have the right to speak privately with your union representative before and during the meeting.
• Your union representative has the right to play an active role in the meeting – they are not just a silent witness.
• Your union representative may assist and advise you during the meeting. They may clarify and consult with you, but they cannot answer questions on your behalf.
• If your supervisor denies the request for union representation and directs you to answer questions even without your representative present, they are committing an unfair labor practice, and you have the right to refuse to answer. Any discipline taken under these circumstances could be challenged as improper at PERB.

Your supervisor is not required to inform you of your Weingarten Rights. It is your responsibility to invoke your rights and ask for union representation.

Per our contract, the only time your supervisor is required to inform you of your right to representation is after disciplinary action is proposed by the District (Article 17.4.3). Do not wait that long to get your union involved!

What Types of Meetings Do Not Invoke Weingarten Rights?

• Meetings that are intended to give instructions, provide training, or give informal feedback regarding work performance.
• Routine performance evaluation meetings.

Union Representation Within the CCE Contract

Outside of your Weingarten Rights, the CCE contract outlines other instances when you have and a union representative present:

• Article 2.2: Discrimination and harassment complaints
• Article 17.5.2: Evidentiary hearings with the Governing Board
• Article 18.3.2: Evaluations conferences with an overall rating of less than satisfactory
• Article 19.1.3: Representation in grievance procedures
• Article 25.6.2: Meetings with the District regarding suspicion of substance abuse

Denied Your Rights, or Need a Rep? 

Submit a Representation Request to be contacted by a CCE Grievance Officer.