Your Weingarten Rights
During an investigatory interview, the Supreme Court ruled that the following rules apply:
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 three options:
1) 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;
2) deny the request and end the interview immediately, or
3) give the employee a clear choice between having the interview without representation, 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.
THE FOLLOWING IS AN EXAMPLE OF WHAT TO SAY TO MANAGEMENT PRIOR TO A MEETING WHERE THE EMPLOYEE BELIEVES THAT DISCIPLINE OR TERMINATION MAY RESULT: "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. Until my representative arrives, I choose not to participate in this discussion."