In 1975 the U.S. Supreme Court declared in NLRB v. J. Weingarten, rules that employers must follow during an investigatory interview. These rules are known as Weingarten rights

The employer has no obligation to inform the employee of their rights!

"IF THIS DISCUSSION COULD IN ANY WAY LEAD TO MY BEING DISCIPLINED OR TERMINATED, OR AFFECT MY PERSONAL WORKING CONDITIONS, I RESPECTFULLY REQUEST THAT MY UNION REPRESENTATIVE, OFFICER, OR STEWARD BE PRESENT AT THIS MEETING. WITHOUT REPRESENTATION PRESENT, I CHOOSE NOT TO PARTICIPATE IN THIS DISCUSSION."

investigatory interview occurs when Management questions an employee to obtain information and The employee has a reasonable belief that discipline or other adverse consequences may result from what the employee says.

When an investigatory interview occurs the following rules apply; The employee must request Union representation before or during the interview. The employee cannot be disciplined for making this request.

After the employee makes the request for Union representation the employer is left with the following three options: Grant the request and delay questioning until the Union representative arrives and has a chance to consult privately with the member. Deny the request and end the interview immediately. Give the employee a choice of either having the interview without representation or ending the interview.

If the employer denies the request for Union representation and continues to ask questions, they commit an unfair labor practice and the member has the right to refuse to answer their questions. The employer may not discipline the member for such a refusal.

The Union encourages all members to assert their Weingarten rights. A steward can serve as a witness to the proceedings, object to intimidating tactics or confusing questions and they may also raise extenuating factors regarding the issue.

EXERCISE YOUR RIGHTS!