The right to union representation during an investigative interview was announced by the U.S. Supreme Court in the 1975 case NLRB vs. Weingarten. These rights have become known as “Weingarten Rights”. Employees are entitled to invoke their Weingarten rights during investigative interviews, that is when a supervisor questions an employee to obtain information to be used for discipline or asks an employee to defend their conduct. If you have reason to believe that discipline or other adverse consequences may result from an interview with a member of management, you have the right to request union representation.

            Important Note: Management is NOT required to inform you of your Weingarten rights. It is YOUR responsibility to know this and request union representation!

            I've seen many cases where a letter carrier voluntarily goes into the office with management and fails to ask for a union representative. Don't let this happen to you. You absolutely MUST ask for union representation. If management asks you to go into their office, your first question should be "Is there a chance this talk can result in discipline?" If management says anything other than "no", immediately ask for your union representative! When you make a request for a union official to be present, management has the following three options:

1. They can stop the questioning until a union representative is present;

2. They can call off the interview;

3. Finally, they can TELL the employee they will call off the interview, unless the employee voluntarily gives up their rights to union representation.

            The third option is the one most used by management. Again, don’t be coerced into this option. It is not in your best interest. Management likes to say things like "you don't really need a steward" or "I just want to ask you a few simple questions." This is a ploy to get you alone and if you agree, anything you say will very likely be used against you. They also like to say "If you continue to ask for a steward, you're only making things worse for yourself". Not only is this statement false, it's against the law.

            The above applies to interviews by Postal Inspectors as well. They generally employ the "good cop/bad cop" method to get an employee to talk, especially without union representation. They almost always work in teams, and one of them will try to coerce you to talk to them, giving the false impression that they're on your side. Don't fall prey to this tactic! They're not on your side at all. Don't be intimidated by them. If you request a union representative and none is available, they must end the interview until one is available (same options as above). If you are interviewed by Postal Inspectors, in addition to  invoking your Weingarten rights, be sure you NEVER sign anything. NEVER!  The best advice I've heard on this subject is from a union representative I've known for quite a long time - "If you sign something, you're dead!" Although this may sound harsh, it's the truth.

            On the bottom of page 5 is a reference card for your protection. Be sure to cut it out and keep it on you at all times! When in doubt, always protect yourself by asking for your union representative and don’t trust management when being questioned! ♦