Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, and the union employee has made a clear request for union representation before or during the interview, the following rules apply:
The employee cannot be punished for making this request.
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.
If the employer denies the request for union representation, and continues to ask questions, the employee has a right to refuse to answer.