Weingarten Rights apply during investigative 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 representation.
The basic Weingarten rights stem from the 1975 Supreme Court case NLRB vs J. Weingarten, Inc.
- The employee must request representation before or during the meeting.
After an employee makes the request, the supervisor that these choices:
a. Grant the request and wait for the union representative’s arrival;
b. Deny the request and end the meeting immediately; or
c. 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 the right to refuse to answer. In addition, the supervisor is committing an unfair labor practice.
Notice: Management is not obligated to inform employees of their Weingarten rights-an employee must ask for them. If you find yourself in a meeting that you believe may lead to discipline, you may read these rights to your supervisor:
