In 1975 the United States Supreme Court in the case of NLRB v. J. Weingarten,
Inc. 420 U.S. 251 (1975) upheld a National Labor Relations Board (NLRB)
decision that employees have a right to union re...
What is the basis of the so-called "Weingarten rights"? ... An employee's right to
representation in investigatory or pre-disciplinary meetings was ... Where the
employer has clearly and overtly assured the employee prior to the interview that
no ... Does the employer have to inform you about your Weingarten rights before
These rights have become known as the Weingarten rights. Employees have
Weingarten rights only during investigatory interviews. ... may result from what he
or she says, the employee has the right to request union representation. ... The
representative's role is to assist the employee and the representative may do so "
Weingarten rights apply only during investigatory interviews. An investigatory ...
supervisor may speak with an employee about the proper way to do a job. The
supervisor may ... inform an employee that he or she has a right to union
representation. ... (If called to a meeting with management, read the following or
present this ...
You do not want other employees sitting in on the investigative interview. ... (I
draw that inference only because the concept of Weingarten rights emanates ...
This right to have a union representative present in interview contexts where the
... action is referred to as a “Weingarten” right and is derived from the case of
Oct 26, 2012 ... Even cases where the NLRB does not create new law may still warrant ...
employees the right to union representation during “investigatory” meetings ...
Employees can invoke Weingarten rights with even vague or unclear statements.
... the meeting, the employer should have known that he wanted one.
NLRA – Section 7: "Employees shall have the right to self-organization, ... of her
union representative at the investigatory interview that the employee ... (420 U.S.
251)* and became known as a member's Weingarten Right. ... employees have
the same rights during an investigatory interview, as do private sector employees.
“[U]nder the Supreme Court's decision in Weingarten, an employee has no [
section] 7 right to the presence of his union representative at a meeting with his ...
whether Weingarten rights attach, an investigatory interview must be
distinguished from a .... representation, without any justification or explanation, as
long as it does.
Jun 5, 2015 ... The NLRB has issued a decision allowing new remedies — reinstatement and
back pay (“make-whole relief”) — for certain violations of an employee's “
Weingarten” rights. ... Smith did not request union representation during these
interviews. When Smith was later called into an investigatory interview, ...
Mar 4, 2014 ... ... a disciplinary investigation and have called in the employee at issue who, ...
states “I want my Weingarten rights” – what is the employer to do? ... Whether this
NLRA procedural right applies to non-union employment has varied over ...
complicated Weingarten rules apply to an investigative interview.