In 1975, the U.S. Supreme Court, when deciding the case NLRB v. Weingarten, ruled that an employee has a right to Union Representation during an investigatory interview. This right is known as “Weingarten.”
The employer is not obligated to inform the employee of his/her right to Union Representation. The employee is responsible for exercising his/her “Weingarten” rights when he/she believes that discipline or some adverse consequence may occur as a result of answering the questions of a supervisor or manager.
If you are being subjected to an investigatory interview, state the following to management:
“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, Union Officer, or Union Steward be present at this meeting. Without Union representation present, I choose not to participate in this discussion.”
An investigatory interview occurs when:
Management questions an employee to obtain information, and
The employee has a reasonable belief that discipline or other adverse consequence may result from what he/she says.