In National Labor Relations Board v. J. Weingarten, Inc. (1975), the United States Supreme Court upheld a decision of the NLRB that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten rights.

During an investigatory interview, the Supreme Court ruled that the following rules apply:

; Rule 1: The employee must make a 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:

  • Grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
  • Deny the request and end the interview immediately; or
  • Give the employee a clear choice between having the interview without representation, or 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.

References

  • Full text of NLRB v. Weingarten, Inc., 420 U.S. 251 (1975)