Weingarten Rules

Question 1

Weingarten rules- general.

Answer 1

The right to have union representation during an investigatory interview that the employee reasonably believes might result in discipline.

Question 2

Weingarten rules-

When an investigatory interview occurs, the following rules apply-

Answer 2

Rule 1- the employee must make a clear request for union representation before or during the interview and cannot be punished for this request.

Rule 2- after the employee makes the request, the employee has 3 options…

• grant the request and delay the questioning until the rep arrives and consults privately with the employee.
• deny the request and end the investigation
• give the option of 1. Having the interview without rep 2. Ending the interview

Rule 3- If the employee denies the request and continues to ask questions, it commits unfair labor practice and the employee has the right to refuse to answer. The employer may not discipline the employee for such a refusal.

Question 3

Rule of union rep in investigation

Answer 3

To make sure that the employer does not intimidate the employee or try to force them into admitting they did something wrong.

Can help a fearful or inarticulate member explain.

Can raise extenuating circumstances

Advise employee against blindly denying everything.

Prevent an employee from making a fatal admission

Stop an employee from losing their temper and getting fired for insubordination

Serves as a third party witness to all info provided.