Weingarten Rights
Represented employees have Weingarten rights only during investigatory interviews, also called fact-finding interviews. The represented employee has the right (thus Weingarten right) to request that a union representative or representative of their choice be present during any investigatory interview if they believe the outcome may result in disciplinary action against them. The U.S. Supreme Court asserted this point in the 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689), and these rights have become known as the Weingarten rights.
Investigatory interviews are fact-finding meetings that occur whenever a supervisor needs to obtain information from an employee about an incident, event, and/or actions taken/not taken which could be used as the basis for disciplinary action. Prior to the interview, the employee is entitled to be informed of the general nature of the matter being investigated. It is the employee’s decision whether or not to consult with his/her representative.
The right to representation during an Investigatory interview is called Weingarten rights. The Administrator is not required to offer union representation, rather, it is up to the employee to ask for it or arrange for it. An investigatory meeting may begin and proceed without the
employee asking for union representation, or they may decline their right to representation, as a result the meeting and questioning can proceed. In the event the employee requests union representation, the Administrator is encouraged to end the meeting. Every effort should be made to work with the employee and union representative to reschedule or adjust a meeting time to allow the union representative to be present.
If the union representative that is requested by the employee is unavailable, the employee may request alternate representation. The Employer is not obliged to postpone the interview, nor to suggest or secure the alternate representation; however, the employee shall not be required to answer any questions without a representative present, unless he/she voluntarily chooses to do so. As a result, mutual cooperation and collaboration is encouraged.
The right to representation during an Investigatory interview is called Weingarten rights. The Administrator is not required to offer union representation, rather, it is up to the employee to ask for it or arrange for it. An investigatory meeting may begin and proceed without the
employee asking for union representation, or they may decline their right to representation, as a result the meeting and questioning can proceed. In the event the employee requests union representation, the Administrator is encouraged to end the meeting. Every effort should be made to work with the employee and union representative to reschedule or adjust a meeting time to allow the union representative to be present.
If the union representative that is requested by the employee is unavailable, the employee may request alternate representation. The Employer is not obliged to postpone the interview, nor to suggest or secure the alternate representation; however, the employee shall not be required to answer any questions without a representative present, unless he/she voluntarily chooses to do so. As a result, mutual cooperation and collaboration is encouraged.
- Weingarten rights, or the right to representation does not apply to normal work discussions, interactions, feedback, and meetings that occur between Administrators and the employees they supervise.
- The right to representation does not apply to meetings held exclusively to inform an employee of the disciplinary decision or the outcome of the disciplinary decision.
- Representation is also not necessary when an Administrator is delivering an annual performance evaluation.
- Administrators are encouraged to consider an employees' request to have union representation for a meeting, if the employee believes that discipline may result, even though that is not the purpose of the meeting.
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