2025.09.17 Weingarten Rights | Representation in Investigatory/Disciplinary Meetings

ACE Members,

Great seeing many of you during the District Opening Day events. I have ACE membership applications if know a new employee in your work area or someone who has not yet joined as a union member. Feel free to also approach me or any ACE rep with questions or to schedule time to pursue workplace issues.

The following message was prepared by the Booth Law Group:

This is an important reminder about your Weingarten Rights—your legal right to union representation during any investigatory meeting that could lead to disciplinary action.


What Are Weingarten Rights?
You all have the right to request union representation during meetings with management when:

  1. The meeting is investigatory in nature, and
  2. The employee reasonably believes it could result in disciplinary action.

What You Need to Know
You must affirmatively request representation. Management is not required to inform you of this right—you must ask.

If you’re called into a meeting with a supervisor and it appears the purpose may involve questioning that could lead to discipline, stop and request a union representative immediately.

If representation is denied:

  1. Do not refuse to stay in the meeting.
  2. Do not answer any questions.
  3. Politely state that you are invoking your Weingarten Rights and will not respond without a union representative present.

Allow management to continue speaking, but do not engage in the discussion.

Immediately contact ACE for assistance after the meeting. 

If you are unsure whether a meeting could lead to discipline, it is always safer to ask:
“Could this meeting lead to disciplinary action? If so, I would like a union representative present.”

You have the right to fair representation. Protect yourself by exercising your Weingarten Rights any time you’re unsure about the nature or outcome of a meeting with your supervisor.

If you have questions or need support, please contact an ACE representative immediately.

Anthony G. Booth 

Attorney

In Service,

Scott Olsen (he/him) | ACE President
https://acefhda.org | scott.olsen@acefhda.org  
650-949-7789 | M-F 8:30am-5:00pm