In 1975, the U.S. Supreme Court ruled on an 8(a)(1) case known as National Labor Relations Board (NLRB) v. Weingarten. In Weingarten, the Supreme Court ruled that employees have specific rights during investigatory interviews with management. During such interviews, management asks questions of the employee. This is different from meetings where management only announces what the discipline will be for the employee.

The Weingarten Rights are as follows:

The member must make a clear request for Union representation (ie: Shop Steward of Service Representative) before or during the interview. If no request is made, theWeingarten Rights are effectively waived for the interview. Keep in mind, the supervisor does not need to remind you of this right.

After the member makes the request, the employer can choose from three options: grant the request and delay questioning until the steward arrives and has a chance to consult privately with the member; deny the request and end the interview immediately; give the member the choice of having the interview without representation or ending the interview.

If the employer denies the request for Union representation and continues to ask questions, it commits an unfair labor practice and the member has the right to refuse to answer. The member may not be disciplined for such a refusal. (Note: In this instance, we encourage you to politely refuse to answer. Do not, under any circumstances, be insubordinate.)

The court rationale in the case is that an member being interviewed might be intimidated and, therefore, may not raise facts in his or her favor during the investigatory interview.

Additional information:

When the Shop Steward arrives, the supervisor must disclose the subject matter to be discussed.

The Shop Steward must be allowed to speak during the interview but does not have the right to bargain over the purpose of the interview.

Weingarten Rights also apply to telephone interviews. A worker can refuse to answer questions until he/she has spoken with the Shop Steward.