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If this meeting or discussion could in any way lead to my being disciplined, terminated, or affect my personal working conditions, I respectfully request that my union representative be present. Without this representation, I choose not to participate in this meeting or discussion.

Under Weingarten, an employee has the right to union representation when:

  • He/she is subject to an investigatory interview. Investigatory interviews occur when a supervisor or other management official questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend her or his conduct.
  • The employee has a reasonable belief that discipline or other adverse consequences may result from what he/she says during the interview.

When those conditions are met, it is the employees right to have union representation.

The Weingarten Rule at a glance…

  • “There must be an investigatory interview. The employee MUST, either before or during the interview, ask for union representation.
  • When the request is made:
    • The supervisor MUST either grant the request and delay questioning until a union representative arrives and has a chance to consult privately with the employee.
    • Deny the request and end the interview immediately
    • Give the employee a choice of:
      • Having the interview without union representation
      • Ending the interview
      • If the supervisor refuses to honor the employee’s request and insists on the interview, he or she commits an unfair labor practice (ULP) and the results of the interview may be set aside by the Federal Labor Relations Authority (FLRA) if the charge is upheld