When does an employee have the right to union representation when meeting with management?
Under the “Weingarten” rule, an employee has a right to union representation during investigatory interviews that could lead to discipline.
An investigatory interview is a meeting with management at which the employee will be questioned or asked to explain his or her conduct, and which could lead to disciplinary action against the employee.
If the purpose of the meeting is, for example,
- Receiving instructions regarding work performance,
- Receiving a memorandum of discussion,
- Receiving a memorandum of correction,
- Receiving a written reprimand,
- Receiving a notice of disciplinary action (e.g. Suspension, demotion, termination),
- Receiving a performance evaluation, or
- Ordinary office discussions (so-called “run of the mill shop floor conversations”),
then NO Weingarten right to union representation attaches, because these are not investigatory interviews.