What should you do if you are called in
for an investigative interview?

In 1975 the U.S. Supreme Court ruled that employees have a right to union representation during investigatory interviews by management. These rights are called "Weingarten rights."

What is an investigatory interview?
An investigatory interview occurs whenever a supervisor questions an employee to obtain information which could be used as a basis for discipline. The employee must have a "reasonable belief" that disciplinary action may result from what he or she says at the interview. For example, an employee who is questioned about drugs is clearly involved in an investigatory interview and has a right to union representation.

However, a foreman who gives instruction on how to do a job is not conducting an investigatory interview. The possibility of discipline resulting from such a "shop floor" discussion is usually remote.

Employees are not entitled to union representation if the employer is simply informing the employee of some discipline which has already been decided.

When an investigatory interview occurs, the following rules apply:

Rule 1
The Employee must make a request for union representation either before or during the interview. Employers have no duty to inform workers of their rights. Workers who fail to request union representation can be questioned at length.

Rule 2
Once an employee makes a request, the employer must choose from among the following options:

a. The employer may grant the request and delay questioning until the union representative arrives and has a chance to consult with the employee.
b. The employer may deny the request and end the interview immediately (and possibly proceed with discipline based on other evidence).
c. The employer may give the employee a choice of (1) continuing the interview without representation, or (2) discontinuing the interview.
Under no circumstances can an employer ignore or deny a Weingarten request and continue asking questions.

Rule 3
If an employer denies the request for union representation, the worker has a right to refuse to answer further questions. The employer may not discipline the employee for such refusal. (However, you do not have the right to refuse to attend the meeting even if union representation has not been provided.)

Unions should educate members about their Weingarten rights. The presence of a union representative can be crucial. It can save workers from making foolish statements that may lead to discipline or discharge.

Copyright 2002 - LIUNA Local 777 - All Rights Reserved