Did You Know?..... Your Weingarten
Rights? Weingarten rights apply during investigatory interviews when a supervisor
is questioning an employee to obtain information that could be used as grounds for
discipline.When an employee believes such a meeting may lead to discipline, he/she has
the right to request union representation. These basic Weingarten rights stem from the
Supreme Courts decision:
- The employee must request representation before or during the meeting.
- After an employee makes the request, the supervisor has these choices:
- grant the request and wait for the union representatives arrival;
- deny the request and end the meeting immediately; or
- give the employee the choice of either ending the meeting or continuing
without representation.
- If the supervisor denies the request and continues to ask questions, the employee
has a right to refuse to answer. In addition, the supervisor is committing an
unfair labor practice.
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