Weingarten rights apply during investigatory interviews. An investigatory interview occurs when:
- A manager questions an employee to obtain information, and
- the employee has a reasonable belief that discipline or other adverse consequences may result.
As an employee, you can request union representation before or at any time during an interview. If the request for union representation is denied, you may refuse to answer questions.
If two union reps are equally available, your request for a particular rep must be honored.
As a basic rule, if what you say in a meeting could get you in trouble, you are entitled to union representation.
(If called to a meeting with management, read the following to management when the meeting begins or when you begin to get worried.)
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.