Education Pamphlet Page 10
WEINGARTEN RIGHTS
IN 1975 THE United States Supreme Court in the case of NLRB vs. J Weingarten, Inc. 420 U.S. 251 (1975) upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
Rule 1
The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
Rule 2
After the employee makes the request the employer must choose from among 3 options:
- Grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee:
- Deny the request and end the interview immediately: or
- Give the employee a clear choice between having the interview without presentation, or ending the interview
Rule 3
If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may NOT discipline the employee for such a refusal.