PSO Boston Local Union

PSO Boston Local Union

PSO · Local

Know Your Rights

Weingarten
Rights

Your right to union representation during any investigatory interview that may lead to discipline.

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🛡️

Weingarten Rights

PSO Boston Local Union
📣 Say this — word for word
"

If this meeting could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union steward or representative be present before I answer any questions or participate in this meeting.

Your Rights
✋
Right to Refuse Until Rep Arrives You may refuse to answer questions or participate until a union steward or representative is present.
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Request Must Be Affirmative You must ask for representation — management is not required to offer it. Say the script above clearly.
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Steward Can Speak and Clarify Your steward may speak, ask for clarification, and privately consult with you — not just silently observe.
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No Retaliation for Requesting Invoking your Weingarten rights is protected activity under the NLRA. Any retaliation is an unfair labor practice.
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When Does It Apply? Only during an investigatory interview that you reasonably believe may result in discipline. Routine work assignments, performance reviews, or scheduling discussions do not trigger Weingarten rights.
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Government Removal Exception Per CBA §5.4 — if the U.S. Government directs your removal from the contract, management may act without going through grievance/arbitration. Weingarten rights still apply to the disciplinary interview itself.
CBA Reference

📄 Contract Authority

Article 12.6 Investigatory Interviews — Paragon/AEPS CBA
Bridge Agreement §15 Deleted "peer as witness" fallback — steward only
NLRB v. Weingarten 420 U.S. 251 (1975) — Supreme Court authority
CBA Period Feb 1, 2026 – Jan 31, 2029
👤 Find Steward ⚖️ File Grievance
Common Scenarios

🚨 "You need to come to the office right now."

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Calmly ask: "Is this an investigatory meeting that could lead to discipline?" If yes or if you're unsure, say the Weingarten script before entering. Do not walk in without invoking your rights first.

📱 "We have you on camera with your phone on post."

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This is an investigatory interview — invoke your rights immediately. Do not explain, justify, or argue. Say the script. Wait for your steward before answering anything. Per CBA §12.5, first offense is a 3-day suspension — your steward may be able to present mitigating factors.

⏰ "You were late and caused an Open Post."

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Open Post carries a 1-day suspension on first offense (§12.3). If called in to discuss it formally, invoke Weingarten rights. Your steward can present evidence — traffic, emergency, prior clean record — that may lead the employer to exercise discretion.

💰 "HR wants to meet about your pay dispute."

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If this is about a grievance or a pay error you've reported, bring your steward. If it's management discussing a pay correction informally, it may not require Weingarten rights — use your judgment. When in doubt, invoke.

🛑 Management refuses to allow a steward.

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State clearly: "I am invoking my Weingarten rights. I will not participate in this interview without my union representative present." Then stay quiet. Document everything immediately after — time, place, who was present, what was said. Contact your steward and file a ULP if necessary.

📞 Quick Contacts

Find Your Steward psoboston.org/stewards
File a Report / Grievance psoboston.org/#concerns