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Union Clients

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:

  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.

If the employer denies the request for union representation, and continues to ask questions, the employee has a right to refuse to answer.



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