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.

PSO Boston Local Union
Weingarten Rights Card
Keep this with you. Present it during any investigatory interview.
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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.
🗣️
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.
⚠️
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.
❗
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
This card is for informational purposes.
Always contact your steward for guidance.
Art. 12.6
👤 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