Under federal labor law (the NLRA), union-represented employees have the right to ask for a union representative during a meeting with management if they believe the conversation could lead to discipline. These are called Weingarten rights. Find more information on the NLRB site.
What this means
- If a supervisor is questioning you about something that could affect your job, like performance issues or possible misconduct, you can request a union rep to be present.
- Management does not have to remind you of this right. You have to ask for representation yourself.
- Once you ask, the employer must either:
- Pause the meeting until a representative is available,
- End the interview, or
- Let you choose whether to continue without representation.
If the employer keeps questioning you after denying your request, that may be an unfair labor practice.
What counts as an investigatory interview?
Usually, it’s a meeting where:
- Management is asking questions,
- The discussion relates to your conduct or performance, and
What doesn’t usually count
- Routine training or coaching meetings
- Announcements about policies
- Meetings where discipline has already been decided
What the representative can do
- Help you understand questions
- Offer advice during the meeting
- Speak up if questions are unfair or intimidating