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.
a. Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; or
b. Deny the request and end the interview immediately; or
c. Give the employee a choice of (1) having the interview without representation or (2) ending the interview.
After the employee makes the request, the employer must choose from among three options. The employer must either:
If the employer denies the request for union representation, and continues to ask questions, the employee has a right to refuse to answer.