Weingarten Rights
Under the Supreme Court's Weingarten decision, when an investigatory interview occurs, 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. The Employer must either:
Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with
the employee
Deny the request and end the interview immediately
Give the employee a choice of 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.
CSEA Constitution for All Locals
