![]() ![]() Employers are not required to advise employees of their right to representation and third parties (including union representatives) may not make the request on behalf of the employee. The employee requests a union representative.The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions.During an investigatory interview, a representative of management may require an employee to defend, explain, or admit misconduct or work performance issues that may form the basis for discipline or discharge. The questioning is part of an investigation into the employee’s performance or work conduct.A manager, representative of management, or supervisor is seeking to question an employee. ![]() However, unlike the right to counsel in a Miranda setting, employers are not required to inform union members of their rights under Weingarten.Īny meeting may be an “investigatory interview” provided that the following occurs: A useful comparison is an individual’s Miranda right to an attorney when questioned by law enforcement. When do employees have a right to request a union representative?Īn employee’s right to request a representative arises during an investigatory interview. Depending on the circumstances of each case, the Board may order that the employer cease and desist, post a remedial notice, require the employer to repeat the interview with a union member present, or rescind and remedy discipline resulting from a Weingarten violation. Employees’ right to request their representatives are frequently referred to as “Weingarten rights.”Įmployers violate the NLRA if they proceed with an investigatory interview while refusing an employee’s request or retaliate against them for making the request. In that case, the Court found that Section 7 of the NLRA protects employees who refuse to submit to certain interviews without a requested representative present.Īn employee’s requested representative, which may be a union steward, business agent or officer, or fellow employee, is often referred to as a “Weingarten representative.” Weingarten representatives are entitled to provide advice and active assistance to employees during investigatory interviews. This right was first articulated by the Supreme Court in the case, NLRB v. Section 7 of the National Labor Relations Act (NLRA) protects employees’ right to “self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection”Īmong the rights protected by Section 7 is the right of union-represented employees, upon request, to have their representative present during an interview that the employee reasonably believes could lead to discipline. The Right to Request Representation During an Investigatory Interview ![]()
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