Weingarten Rights Rules

                                                              The Rules at a Glance:

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; or
Deny the request and end the interview immediately; or
Give the employee a choice of (1) having the interview without representation or (2) 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.