WEINGARTEN RULES
Your Legal Rights

Under the Supreme Court's Weingarten decision, when an investigatory interview occurs, the following rules apply:

RULE 1

The employee must make 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:

  1. Grant the request and delay questioning until the Union representative arrives and has a chance to consult privately with the employee; or

  2. Deny the request and end the interview immediately; or

  3. 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.

THE RIGHTS GUARANTEED BY THIS SUPREME COURT DECISION ARE IN EFFECT ONLY UNDER A UNION NEGOTIATED CONTRACT.

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