Keith Zimmerman
Kahn, Smith & Collins, P.A.
Weingarten Rights Generally
In NLRB vs. Weingarten, Inc., 420 U.S. 251, 88 LRRM 2689 (1975), the U.S. Supreme Court affirmed the rights of unionized employees to have a union representative present during investigatory interviews. According to the Court, these rights arise as a corollary to the proper functioning of the National Labor Relations Act (NLRA). The rights flow from NLRA § 7’s guarantee of the right of employees to act “in concert for mutual aid and protection.” Denial of this right violates NLRA § 8 (a)(1).
The rights established by the Court have become known simply as Weingarten rights. In short, employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor or management representative questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct. If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. Read the rest of this entry
