NLRB decision expanded to cover both Union and Nonunion Employees

Employee Rights Under the Weingarten Rule

Any employee who is called to an interview with their employer -- which may lead to some disciplinary action, is entitled to Union or * Coworker representation present during an Investigatory Interview ...

* If the employee reasonably believes it will result in disciplinary action.

* Seeking representation in a confrontation with an employer, the court said is protected activity within the meaning of Section 7 of the National Labor Relations Act ... Now applies to nonunion employees also!

Court Added Limitations:

1. The right only arises when the employee requests representation; Your Weingarten statement: "I'm now requesting representation and to have a fellow coworker present at my Investagoatory Interview!"

2. Exercise of the right may not interfere with "legitimate employer prerogatives," such as the employer's right to conduct an interview without undue delay;

3. An employer need not justify its refusal to permit representation, but may go forward with the investigation from other Sources;

4. The employer is under no duty to bargain with the representative during an investigatory interview and may insist on hearing only the employee's account of the matter being investigated.

(There is, of course, a duty to bargain during a disciplinary interview, or grievance hearing.) That is why we are seeking union representation!

NLRB has expanded the rights: <

PRIOR CONSULTATION: The right to representation at a disciplinary interview includes a right of prior consultation between the employee and the representative ...

REFUSAL TO PARTICIPATE: An employee may refuse to participate in an investigatory interview where a request for representation has been made and denied, However,

DON'T LEAVE THE MEETING WITHOUT PERMISSION ESPECIALLY IF YOU ARE CALLED IN FOR "ON THE CLOCK" COUNSELING SESSIONS:
The right to representation may be invoked at counseling sessions held by an employer to discuss production quotas where such sessions were "A preliminary step to the imposition of Discipline."

The Board has also said that the Weingarten rules does not apply to the "run of the mill" shop floor conversations where instructions are given or work techniques are corrected and there is no reasonable basis for an employee to fear an "Adverse Impact" from the interview.

INTERFERENCE WITH EMPLOYEE RIGHTS:

AN EMPLOYER HAS UNLAWFULLY INTERFERED WITH AN EMPLOYEE'S RIGHT TO REPRESENTATION AT AN INTERVIEW

BY THREATENING THE INDIVIDUAL THAT THE EXERCISE OF THIS RIGHT WOULD RESULT IN MORE SEVERE DISCIPLINE!