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What to say when you request a union rep in an investigatory meeting

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What this right is

Weingarten rights let you ask for a union representative before you answer questions in an investigatory interview — one you reasonably believe could lead to discipline. This comes from the NLRB — Weingarten rights page. The right applies where a union already represents you under the National Labor Relations Act. It does not apply automatically in every workplace, and you have to ask for it — the employer does not have to offer it first.

What to say

Say it plainly, before you answer any question. Something like:

Then stop and wait for the employer's answer. This is an example script, not a legal script — your steward or union may have exact wording they prefer.

What happens after you ask

Once you request a representative, the employer has three choices under Weingarten: grant the request, end the interview, or offer you the choice to continue without a representative. The employer may not simply keep asking questions as if you had not asked. If you are offered the choice to continue without a rep, you can still say no.

If you work for Florida government, or the federal government

Florida public employees bargain and grieve under Fla. Stat. ch. 447 Part II. Your right to representation there comes from that chapter and from your collective bargaining agreement — unfair labor practices go to PERC. Federal employees have a similar right under 5 U.S.C. 7114(a)(2)(B). These are not the same law as private-sector Weingarten rights, so check which one applies to you before you rely on the script above.

What this is not

This is not legal advice, and it will not tell you whether your specific meeting is covered. Steward Toolkit's first analysis can be wrong. Confirm with your business agent, staff representative, or union counsel before you rely on anything here.

What to do next

The free tool reads what you type about your own situation — who called the meeting, what it's about, your sector — and gives you the Weingarten script for your situation, in English or Spanish, along with the deadline math for your contract's steps if you have them. Nothing you paste is stored.

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Use the free tool

Steward Toolkit gives a plain-language first analysis; it can be wrong, and it is not legal advice. Your collective bargaining agreement and your union's procedures control. Confirm with your business agent, staff representative or union counsel. Nothing you paste is stored.

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