What to Say
Your Rights
Get Help
Say this now โ€” out loud, clearly
"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 or officer be present at this meeting. Without union representation, I choose not to answer questions."
(This is my right under the 1975 U.S. Supreme Court Weingarten decision.)
Do this right now
1
Say the words above. You don't need to explain or justify it.If they say "this isn't that kind of meeting" โ€” say it anyway.
2
Contact your rep immediately. Text or call before the meeting begins if possible.See the "Get Help" tab for contact numbers.
3
Do not answer substantive questions until your rep arrives.You may say: "I'd like to wait for my representative before we discuss the details."
4
Write down everything as soon as you can โ€” exact words, who was present, the time.Your memory is sharpest right now. Don't wait.
Administration has three options

โœ“ Grant your request and wait for your rep before continuing.

โœ“ End the meeting and choose not to continue.

โœ“ Proceed with the meeting anyway โ€” but if they do, you have the right to refuse to answer questions until your rep is present. They cannot force you to respond.

Administration cannot โ€”

โœ— Force you to answer substantive questions after you have invoked your rights. Remain silent on the substance until your rep arrives.

โœ— Discipline or retaliate against you for invoking your Weingarten rights.

โœ— Tell you that you don't have this right. You do โ€” regardless of what they say.

You have the right to union representation at any investigatory meeting that could reasonably lead to discipline.
This right applies when

You are being questioned about your conduct or performance

You reasonably believe the meeting could lead to discipline โ€” even if admin says it won't

You are asked to sign a document that could be used in a disciplinary action

You are called in for a fact-finding or investigatory conversation

This right does not apply to

Routine work conversations with your supervisorUnless discipline is a reasonable possibility

Being told about a decision that has already been madeThough you should still contact your rep after

Formal evaluation conferencesUnless they cross into disciplinary territory

What your rep can do in the meeting
โœ“
Ask for clarification of questions before you answer
โœ“
Advise you privately before or during the meeting
โœ“
Object to intimidating or confusing questions
โœ“
Help you provide complete and accurate answers
โœ—
Answer questions for you or prevent you from answering
โœ—
Instruct you to lie or withhold truthful information
Legal basis
NLRB v. J. Weingarten, Inc. (1975) โ€” U.S. Supreme Court established the right of union employees to representation at investigatory meetings. This right is also protected under Ohio law and your collective bargaining agreement.
Contact your rep now
GHTA Vice President
Jeffrey Cunningham
(234) 208-6180 ยท Call or text
GHTA President
Scott Mingus
Contact through your building rep
OEA UniServ โ€” Regional Support
Ohio Education Association
1-800-282-1500 ยท oea.org
While you wait for your rep
โœ“
Stay calm and professional
โœ“
You may say: "I'm happy to cooperate once my rep arrives."
โœ“
Note the time, location, and who is present
โœ—
Don't answer questions about the subject matter yet
โœ—
Don't sign anything until your rep has reviewed it
โœ—
Don't argue or raise your voice โ€” stay measured
After the meeting: Write down everything that was said as soon as possible โ€” exact words, who was present, the time โ€” and send a summary to your rep.