Weingarten Rights
Weingarten Rights
Prior to employees being disciplined by management, they are generally given a pre-disciplinary interview (PDI) or an investigatory interview (II). If you are given one of these interviews, it means your supervisor or manager is likely seeking information to use against you to issue discipline.
All letter carriers, including CCAs (regardless of length of employment), have Weingarten Rights. This means you have the right to have a union steward present during any meeting where management asks questions that could lead to discipline. Stewards can assist in management investigations and help ensure fair treatment.
If called to a meeting with management, U.S. postal inspectors, or an Office of Inspector General (OIG) agent, read the following statement before the meeting starts:
“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Without my Union representation present, I respectfully choose not to answer any questions or participate in this discussion.”
Who Are U.S. Postal Inspectors and OIG Agents?
- U.S. Postal Inspectors are federal law enforcement officers who carry firearms, make arrests, execute federal search warrants, and serve subpoenas. They work with the U.S. Attorneys’ Office and other law enforcement agencies to investigate cases related to crimes involving the U.S. Mail, postal system, postal employees, and customers.
- Office of Inspector General (OIG) Agents investigate internal crimes and frauds against the Postal Service. Their areas of investigation include:
- Contract Fraud
- Financial Fraud
- Healthcare Fraud
- Internal Mail Theft
- Official Misconduct
- Technical Investigations
- Special Inquiries
- Whistleblower/Reprisals
OIG agents also investigate bribery, kickbacks, extortion, conflicts of interest, and allegations against Postal Service executives. The Office of Investigations combats fraud and theft through the Countermeasures Directorate’s crime prevention efforts.
The Legal Basis for Weingarten Rights
Weingarten Rights were established by federal labor law through the U.S. Supreme Court ruling in NLRB v. Weingarten, Inc., 420 U.S. 251 (1975). This ruling created the Weingarten Rule, granting employees the right to representation during any investigatory interview that they reasonably believe may lead to discipline.
This rule applies during any investigatory interview, whether management is:
- Searching for facts
- Determining employee guilt
- Deciding whether to impose discipline
These questions can be posed in various ways:
- Closed-door meetings
- Text messaging
- Phone conversations
- Informal conversations at a supervisor’s desk
If an employee reasonably believes that discipline may result, they have Weingarten representation rights. Whether the belief is "reasonable" depends on the circumstances. If you are asked about an alleged wrongdoing, you should assume discipline could result and request a steward.
Your Responsibilities Under Weingarten Rights
- You must ask for representation. Unlike "Miranda Rights" in criminal cases, management is not required to inform you of your Weingarten Rights.
- You can request representation at any point in the interview. Even if you did not ask initially, you may do so later.
- Never participate in an investigative interview without a steward present. No matter how innocent you are or how smart you think you are, always request representation.
- You have the right to a pre-interview consultation with a steward or union representative. Federal courts have extended this right to cover Inspection Service interrogations as well.
The Role of a Steward in a Weingarten Interview
- The employee has the right to a steward’s assistance, not just a silent presence.
- The employer violates Weingarten Rights if it refuses to allow the steward to speak or tries to restrict the steward to a passive observer role.
- Although postal employees must cooperate with investigations, they still have the right to a steward before answering questions.
- If a steward is not available, you may state:
- “I am happy to cooperate in any investigation, but I will only answer questions once a steward is provided.”
For further details, refer to the Joint Contract Administration Manual (JCAM).