Cambridge Education Association

MTASITES Network

  • Home
  • About
  • Leadership
    • Officers
    • CEA Executive Board
    • 2018-2019 Meeting Information and Minutes (Google Drive)
    • 2017-2018 Meeting Information and Minutes (Google Drive)
    • 2016-2017 Meeting Information and Minutes (Google Drive)
    • E-Board Policies (Google Drive)
  • Membership
    • Member Dues
    • Contracts
    • Bylaws
    • Weingarten (Representation) Rights
    • Retired Members
    • MA Teachers’ Association (MTA)
    • National Education Association (NEA)
  • Get Involved
    • CEA Committees
    • Grievance Committees
    • Contract Negotiating Committees
    • Unit A/B Working Groups and Advisories
  • Member Resources
    • HR Employee Forms
    • HR Health Benefits
    • CEA Evaluation Site
    • MA Teachers’ Retirement System
    • MTA Member Benefits
    • NEA Member Benefits
  • Contact
  • Log In
    • Login Help
You are here: Home / Membership / What are Weingarten Rights?

What are Weingarten Rights?

Employees do not have to be alone when they are questioned by an employer in a situation that might result in discipline. An employee’s right to representation in investigatory or predisciplinary meetings was established in a 1975 United States Supreme Court decision, NLRB v. Weingarten, Inc. The Massachusetts Department of Labor Relations has adopted the Weingarten rules for public employees covered by Massachusetts General Laws, Chapter 150E.

If you have a reasonable belief that the answers you give could result in your being disciplined, you have a right to union representation during the meeting.

Employees are entitled to Weingarten rights in the following situations:

  • “Investigatory interviews,” in which the supervisor is seeking to elicit facts, to have the employee explain his or her conduct, to discover the employee’s “side of the story” or to obtain admissions or other evidence.
  • A supervisor’s request for a written statement or written answers to interrogatories about an incident or accident in which the employee’s own conduct may be at issue.
  • A meeting or discussion in which the employer either has not yet decided whether to impose discipline or is seeking information to support that decision.

Employees are not entitled to Weingarten rights in the following situations:

  • When the meeting or discussion is merely for the purpose of conveying work instructions, training or needed corrections.
  • When the purpose of the meeting is simply to inform the employee about a disciplinary decision that has already been made and no information is sought from the employee.
  • When the employer has clearly and overtly assured the employee prior to the interview that no discipline or adverse consequences will result from the interview, provided the employer keeps that promise.
  • When, after the employer notifies the employee that he or she is being disciplined, the employee initiates further discussion.

For more information and FAQs please see Massachusetts Teachers Association, “Weingarten: The Right to Representation.”

Log In


Lost your password?

Need Help Signing In

You can retrieve your password by following this link Retrieve Password

Topics of Interest

Social media links

  • Facebook

Latest Tweets from MTA

  • Just now
  • @massteacher

Copyright (C) 2025 · Cambridge Education Association · Part of the MTASITES NETWORK